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2025 Supreme(Online)(Ker) 43305

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
SURESH V.S. – Appellant
Versus
S.ETHAYATHULLA – Respondent


Advocates:
For the Appellants/Petitioners: A.R.NIMOD, M.A.AUGUSTINE
For the Respondents: MATHEWS JACOB (SR.), P.JACOB MATHEW

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.2223/2012 on the file of the Motor Accidents Claims Tribunal, Thrissur (the Tribunal), aggrieved by the amount of compensation granted by Award dated 05/09/2019. The respondents herein are the respondents 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 husband and parents of deceased Seena Suresh. According to the claim petitioners, on 27/07/2012 at 01:30 p.m., while the deceased was riding her scooty bearing registration noKL-46-F-7609 through Kunnamkulam-Guruvaur road and when she reached in front of Perfect workshop, pick-up van bearing registration no.TN/41/AD/383 driven by the second respondent in a rash and negligent manner knocked her down, as a result of which she sustained grievous injuries to which she succumbed.

3. The first respondent-owner of the offending vehicle remained ex-parte.

4. The second respondent-driver filed written statement denying negligence on his part. The averments in the petition regarding age, income and

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