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2025 Supreme(Online)(Ker) 56172

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
AYISHA.P – Appellant
Versus
THE ORIENTAL INSURANCE CO.LTD. – Respondent


Advocates:
For the Appellants/Petitioners: ADV SRI.JESWIN P.VARGHESE
For the Respondents: ADV SMT.K.S.SANTHI

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.162 of 2017 on the file of the Motor Accidents Claims Tribunal, Kalpetta. The respondents herein is the 3rd respondent before the tribunal.

2. According to the appellant/claimant, on

12.09.2016, at about 8 p.m., while the claimant was travelling in an auto-rickshaw bearing Reg.No.KL-12-K-6938 through Muttil-Sulthan Bathery NH road, that was struck by another auto-rickshaw bearing Reg.No.KL-12-K-3466 driven by the 1st respondent in a rash and negligent manner and thereby the claimant sustained serious injuries. She approached the tribunal claiming compensation ₹3,74,000/- which was limited to ₹3,00,000/- .

3. The first and second respondents being the driver and the owner of the offending vehicle filed a written statement contending that the accident occurred due to the negligence of the petitioner. The 3rd respondent–insurer filed a written statement admitting the policy. Exts.A1 to A8 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹1,02,204/- as compensation under different heads with interest @8% per annum from the date of petition till realization with proportionate cos

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