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2025 Supreme(Online)(Ker) 58417

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
ANNIE SAJI – Appellant
Versus
SHIHABUDEEN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.AJAYA KUMAR. G
For the Respondents: SRI.GEORGE CHERIAN (SR.), SMT.K.S.SANTHI, SMT.LATHA SUSAN CHERIAN

JUDGMENT

This appeal is filed by the claimants in O.P (MV) No.683 of 2011 on the file of the Motor Accidents Claims Tribunal, Kollam, claiming enhancement of compensation. The respondents herein are the respondents before the tribunal.

2. The case of the claimants is that on 04.09.2009 at about 7.00 a.m, while the deceased was travelling in an Innova car bearing Reg. No.KL-02-AC 2575 driven by the 2nd respondent in a rash and negligent manner from north to south and when the car reached in front of Pathirapally AIR, it dashed against the KSRTC bus bearing Reg. No.KL-15 6214. As a result of which, he sustained grievous injuries and succumbed to his injuries. The claimants, who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹15,00,000/-.

3. The first and second respondents/ owner and the driver of the offending vehicle respectively were set ex parte before the tribunal. The third respondent, the insurer of the offending vehicle, filed a written statement admitting the insurance policy but disputing the quantum of compensation awarded by the Tribunal and denying negligence. Before the tribunal, Exts.A1 to A17 were marked. The Tribunal, aft

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