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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
THANKAMMA K.M. @ MARY – Appellant
Versus
MUHAMMED RASHIK – Respondent
| Table of Content |
|---|
| 1. appeals regarding compensation and liability (Para 1 , 2 , 3) |
| 2. arguments on liability and claim provisions (Para 4 , 5 , 6) |
| 3. court's decision on remand and evidence (Para 7) |
JUDGMENT
(Dated this the 20th day of November, 2025)
These appeals have been filed by the claimants and the
2nd respondent/insurance company in OP(MV) No.986 of 2017 in the Motor Accidents Claims Tribunal, Kozhikode, challenging the compensation awarded and challenging the liability found by the tribunal, respectively. Since these appeals arise from the common award in O.P.(MV) No.986/2017 on the file of the Motor Accidents Claims Tribunal, Kozhikode, the appeals are heard together and are disposed of by this judgment. The parties are hereinafter referred to as arrayed in the O.P.(MV)
2. The facts of the case are as follows:
On 28.09.2015, at about 4.45 pm, while the deceased was riding a motorcycle bearing Registration No. KL-65-C- 2707 along the Ramanattukara–Kozhikode bypass road, the motorcycle collided with a car bearing Registration No. KL- 11-AC-8388. As a result, the rider sustained grievous injuries and later succumbed to those injuries. The legal heirs approached the tribunal under sec
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