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2025 Supreme(Online)(Ker) 56927

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED – Appellant
Versus
RAMLA CHOYAKKADAN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.MATHEWS JACOB (SR.), SHRI.P.JACOB MATHEW, SMT.PREETHY R. NAIR
For the Respondents: SRI.K.RAKESH

JUDGMENT

(Dated this the 16th day of October, 2025)

This appeal is filed by the appellant/ 2nd respondent insurer in O.P.(MV) No.720 of 2013 on the file of the Motor Accidents Claims Tribunal, Manjeri, challenging the quantum of compensation awarded by the tribunal. The respondents herein are the claimants before the tribunal.

2. The case of the claimants is that on 16.02.2013 at about 4.30 am, the deceased was travelling in a pickup van bearing Registration No. KL-12-D-6598, which was driven by the 1st respondent in a rash and negligent manner. The vehicle collided with a tipper lorry bearing registration No. KL-01-BC-8387, which was parked on the side of the road. As a result, the deceased sustained serious injuries and subsequently succumbed to those injuries. The legal heirs approached the tribunal claiming a total compensation of ₹ 18,00,000/- .

3. The first respondent, the owner-cum-driver of the offending vehicle, remained ex parte before the tribunal. The second respondent insurer filed a written statement admitting the insurance policy and disputing the quantum of compensation claimed. Exts.A1 to A6 were marked. The Tribunal, after analysing the pleadings and materials on rec

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