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2025 Supreme(Online)(Ker) 58700

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
MEKKALASSERY YESHODA D/O. KUMARAN, O.K.BEENA W/O.PRADEEPAN – Appellant
Versus
M.K. YAKOOB S/O.ESSA, M.K.SAINABA D/O. AHAMMED, THE ORIENTAL INSURANCE CO.LTD, N.SANEEF S/O. KUMARAN, K.VIJAYAN S/O. ACHUTHAN, NATIONAL INSURANCE COMPANY LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SRI.C.P.PEETHAMBARAN
For the Respondents: SHRI.A.R.GEORGE, SRI.K.RAJESH SUKUMARAN, SRI. E M JOSEPH -SC

JUDGMENT

This appeal is filed by the claimants in O.P (MV) No.877 of 2003 on the file of the Motor Accidents Claims Tribunal, Thalassery, seeking enhancement of compensation awarded by the tribunal and challenging the contributory negligence. The respondents herein are the respondents before the tribunal.

2. According to the claimants, on 06.02.2002 at about

04.45 p.m., while the deceased Pradeepan was travelling in a jeep bearing registration No.KL-11/B-5882 from Kannur to Uliyil, due to the rash and negligent driving of the driver of the jeep, it hit against a bus with registration No.KRC/4599, thereby the deceased sustained serious injuries and succumbed to the injuries. The claimants who are the wife and the mother of the deceased, approached the tribunal claiming a total compensation of ₹5,00,000/-.

3. The first, second and third respondents were the driver, owner and the insurer of the jeep respectively, and respondent Nos. 4 to 6 were the owner, driver and the insurer of the bus respectively and supplemental respondents Nos.7 to 15 were the legal heirs of the first respondent respectively. The first respondent expired during the pendency of the claim petition. The second respo

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