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2025 Supreme(Online)(Ker) 42908

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
OMANA K. AGED 53 YEARS, W/O.PRADEEPAN, KANOTH HOUSE, KOLACHERY PARAMBA, P.O.KOLACHERY – Appellant
Versus
NATIONAL INSURANCE CO. LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.JANARDHANAN, SHRI.K.J.MANU RAJ
For the Respondents: SHRI.SEBASTIAN VARGHESE(K/141/2000)

J U D G M E N T

This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (the Act) by the claim petitioners in O.P.(MV) No.216/2015 on the file of the Motor Accidents Claims Tribunal, Thalassery (the Tribunal), aggrieved by the amount of compensation granted by Award dated 16/10/2018. The sole respondent herein is the third respondent in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition.

2. The claim petitioners are the mother and brother of deceased Varun. According to the claim petitioners, on 22/11/2014 while the deceased was riding his motorcycle from Kannur to Kannadiparamba, motorcycle bearing registration no.KL-13AA/3202 ridden by the first respondent in a rash and negligent manner collided with his motorcycle, as a result of which he sustained grievous injuries, to which he succumbed on

2611/2014.

3. The first respondent-rider and the second respondent-owner of the offending motorcycle filed joint written statement denying negligence on the part of the former.

4. The third respondent-insurer filed written statement admitting the policy but denying negligence on the part of the first respon

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