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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
THE NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
GOPINATHAN – Respondent
| Table of Content |
|---|
| 1. insurer's challenge on liability for compensation. (Para 1 , 2 , 3) |
| 2. court's analysis of evidence supporting claim. (Para 4 , 7) |
| 3. arguments on the cause of the accident and liability. (Para 5 , 6) |
JUDGMENT
This appeal has been filed by the third respondent insurer in OP(MV) No.262 of 2008 on the files of the Motor Accidents Claims Tribunal, Punalur, challenging the liability to pay the compensation awarded to the claimant. The respondents 1 to 3 herein are respondents
1 & 2 and the claimant respectively before the tribunal.
2. The case of the claimant was that on 06.06.2007, while he was riding a motorcycle bearing Reg.No.KL-2V/3228 along the Adoor-Pathanapuram public road, a tipper lorry bearing Reg.No.KL- 31/6073 driven by the first respondent in a rash and negligent manner, hit the motorcycle, whereby he sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹2,00,000/-.
3. Respondents 1 and 2, who are the driver and owner of the offending vehicle, remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liab
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