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2025 Supreme(Online)(Ker) 56923

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
ABDUL AZEEZ.K. – Appellant
Versus
MUHAMMED RAFEEQUE – Respondent


Advocates:
For the Appellants/Petitioners: SMT.CELINE JOSEPH
For the Respondents: SMT.S.JAYASREE

JUDGMENT

This appeal is filed by the claimant in O.P (MV) No.57 of 2009 on the file of the Motor Accidents Claims Tribunal, Kalpetta. The respondents herein are the respondents before the tribunal.

2. According to the appellant/claimant, on 10.11.2007 at about

06.00 am while the petitioner was travelling as a pillion rider in the motorcycle bearing registration No.KL-12C/3278, a jeep bearing registration No.KL-12-A-4941 driven by the 1st respondent in a rash and negligent manner hit against the motorcycle. As a result of the accident, the claimant had sustained serious injuries. The appellant approached the tribunal claiming a total compensation of ₹5,24,000/-

limited to ₹4,00,000/-.

3. Respondents 1 and 2, who are the driver and owner of the offending jeep respectively, remained ex parte before the tribunal. The 3rd respondent/insurer of the jeep filed a written statement wherein the policy was admitted but disputing the liability as well as the quantum of compensation claimed was disputed. The 4th, 5th and 6th respondents are driver, owner and insurer of the motorcycle. The 5th respondent remained ex parte before the tribunal. The 4th respondent had filed a written statement that he

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