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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SHAMILY W/O. JAIN PENHERO – Appellant
Versus
JAIN PINHEIRO – Respondent
| Table of Content |
|---|
| 1. claimant's appeal based on workplace accident injuries. (Para 1 , 2 , 3) |
| 2. appeal arguments focus on established negligence. (Para 4 , 5 , 6) |
| 3. court refuses remand due to lack of proof. (Para 7) |
JUDGMENT
This appeal is filed by appellant/claimant in O.P.(MV)
No. 1489/2011 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, challenging the award passed by the tribunal under Section 166 of the Motor Vehicles Act . The respondents herein are the respondents before the tribunal.
2. According to the claimant, on 19.04.2010 at about
5.55 a.m., while the claimant was pillion riding on a motorcycle bearing Reg.No.45/B 8664 through Paravur - Kodungallur Sector of NH 17 ridden by the 1st respondent and when reached at Arakulam, an unknown National Permit Goods Carriage came from behind and hit down the claimant due to which she sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹15,00,000/-.
3. The first respondent, being the owner-cum-rider of the motorcycle, remained ex-parte before the tribunal. The 2nd respondent insurer filed a written statement, admitting the policy but disputing the quantum of compensation c
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