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2025 Supreme(Online)(Ker) 49326

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
CHINNU ANDREWS, JIYA ANDREWS, JERIN ANDREWS – Appellant
Versus
UNITED INDIA INSURANCE COMPANY LTD. – Respondent


Advocates:
For the Appellants/Petitioners: A.N. Santhosh
For the Respondents: K. Sherin Mohan, Aginov Mathappan

J U D G M E N T

This appeal under Section 173 of the Motor Vehicles Act , 1988 (the Act) has been filed by the claim petitioners in O.P.(MV) No.361/2018 on the file of the Motor Accidents Claims Tribunal, N.Paravur (the Tribunal), aggrieved by the amount of compensation granted by Award dated 30/08/2019. The sole respondent herein is the third respondent/insurer 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 wife and two children of the deceased. According to the claim petitioners, on 21/02/2018 at about 01:30 p.m., while the deceased was riding motorcycle bearing registration No.KL-42/L-8807 through Vypeen-Munambam road, bus bearing registration No.KL-7/K-639 driven by the second respondent in a rash and negligent manner, knocked him down, as a result of which he sustained grievous injuries to which he succumbed.

3. The first respondent/owner and the second respondent/driver filed joint written statement denying negligence on the part of the latter.

4. The third respondent/insurer filed written statement admitting the policy but denying negligence on the part of the second res

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