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2025 Supreme(Online)(Ker) 57514

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
UNNIKRISHNAN P.K – Appellant
Versus
ALI K.P – Respondent


Advocates:
For the Appellants/Petitioners: SMT.DIVYA B.NAIR
For the Respondents: SMT.ALEXY AUGUSTINE, SRI.GEORGE A.CHERIAN, SRI.JACOB MATHEW KAITHALIL, SRI.GEORGE CHERIAN (SR.)

JUDGMENT

Dated this the 8 t h day of December, 202 5 This appeal has been filed by the claimants in OP(MV)

No.410 of 2014 on the files of the Principal Motor Accidents Claims Tribunal, Kozhikode, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. The case of the claimants is that on 02.08.2013 at about 10 AM while the deceased was standing at Poolapoyil bus stop in the Manjery-Thamarassery NH, she was hit down by a stage carriage bus bearing registration No.KL-11-X-2253, driven by the 2nd respondent in a rash and negligent manner, causing her serious injuries and later succumbed to the injuries. The legal heirs of the deceased approached the tribunal claiming compensation.

3. The 1st respondent/owner remained ex parte before the tribunal. The 2nd respondent/driver of the offending vehicle entered appearance and filed a written statement, contending that the accident occurred due to the negligence on the part of the deceased and that the compensation claimed was excessive. The 3rd respondent, insurer, also filed a written statement admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of

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