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2025 Supreme(Online)(Ker) 50606

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
SUNIL E – Appellant
Versus
JYOTHI T – Respondent


Advocates:
For the Appellants/Petitioners: SRI.C.HARIKUMAR, SMT.ANUROOPA JAYADEVAN
For the Respondents: SRI.C. HARIKUMAR, SMT.RAJI T.BHASKAR - SC

JUDGMENT

This appeal has been filed by the claimant in OP(MV)

No.1153 of 2009 on the file of the Motor Accidents Claims Tribunal, Thrissur. The respondents herein are the respondents before the Tribunal.

2. According to the appellant, on 11.02.2009, while the petitioner was riding a motorcycle bearing Reg.No.KL- 8/T 5950 through Choondal-Guruvayur Railway Station public road, another motorcycle bearing Reg.No.KL- 46/5632, driven by the 2nd respondent, in a rash and negligent manner came from east to west and hit the petitioner’s motorcycle, whereby he sustained serious injuries. The appellant approached the Tribunal claiming a total compensation of ₹4,00,000/-.

3. Before the tribunal, respondent No.1 and 2 remained ex parte. R3, the insurer filed a written statement admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Before the tribunal, Exts.A1 to A15 were marked on the side of the appellants/claimants. Ext.B1, policy was marked on the side of the respondents. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offe

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