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2025 Supreme(Online)(Ker) 47260

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
THE NEW INDIA ASSURANCE COMPANY LIMITED, PALA BRANCH, PALA P.O. – Appellant
Versus
RINCY MATHEW W/O.LATE SHAJU – Respondent


Advocates:
For the Appellants/Petitioners: SRI.LAL K.JOSEPH
For the Respondents: SRI.GEORGE MATHEWS, SRI.PRANOY K.KOTTARAM, SRI.MATHEW JOHN (K), SRI.MATHEW DEVASSI, SRI.ABY J AUGUSTINE, SRI.P.G.GANAPPAN

JUDGMENT

MACA Nos.862 & 872 of 2020 have been filed under Section173 of the Motor Vehicles Act , 1988 (the Act) by the third respondent/insurer in O.P.(MV) Nos.89 and 84 of 2017 respectively and MACA No.2770 of 2020 has been filed by the claim petitioners in O.P.(MV) No.80 of 2017 on the file of the Motor Accidents Claims Tribunal, Pala, (the Tribunal), aggrieved by the common Award dated 03/07/2019. The claim petitioners 1 and 2 in O.P.(MV) No.84 of 2017 have filed Cross Objection no.87 of 2020. In these appeals and cross objection, the parties and documents will be referred to as described in the original petitions.

2. According to the claim petitioners, on 07/10/2016 at about 03:30 p.m., while the deceased were travelling in car bearing registration no.KL-36-5511 through the Kattappana-Murickassery public road and when they reached near Pushpagiri town, bus bearing registration no.KL-06-F-4019 driven by the first respondent in a rash and negligent manner knocked them down, as a result of which they sustained grievous injuries to which they succumbed. A sum of ₹10,00,000/- was claimed by the claim petitioners in O.P(MV) No.80/2017; a sum of ₹40,00,000/- in O.P(MV) No.84/2017 and

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