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2025 Supreme(Online)(Ker) 56530

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
KHADEEJA AGED 53 YEARS, W/O.LATE ABDULLA – Appellant
Versus
SUHAIB AGED 32 YEARS, S/O.ADAM KUNHI – Respondent


Advocates:
For the Appellants/Petitioners: SRI.ARUN AJAY SHANKAR, SMT.CISSY MATHEWS, SHRI.JAWAHAR JOSE, SRI.V.VINAY MENON
For the Respondents: SRI.JOHN JOSEPH VETTIKAD - STANDING COUNSEL, SRI.P.V.JYOTHI PRASAD, SRI.C.JOSEPH JOHNY

JUDGMENT

This appeal is filed by the claimants in O.P.(MV) No.505 of 2011 on the file of the Motor Accidents Claims Tribunal, Kasaragod, claiming compensation. The respondents herein are the respondents before the tribunal.

2. According to the claimants, on 02.09.2011 at about

03.30 p.m., while the deceased P.V.Abdulla was travelling as a passenger in an autorickshaw bearing registration No.KL/14/H/2887 from Chattanchal to Bandichal, one Bolero jeep bearing registration No.GA/01/J2030 driven by the first respondent in a rash and negligent manner hit against the autorickshaw and as a result, the deceased sustained serious injuries and succumbed to the injuries while undergoing treatment on the same day. The claimants who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹5,00,000/-.

3. Though notice was issued to the respondents, the first and second respondents, the driver and the owner of the offending vehicle respectively, remained absent and were set ex parte before the tribunal. The third respondent – the insurer filed a written statement admitting the insurance policy, disputing the liability and quantum of compensation claimed. Before

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