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2026 Supreme(Online)(Ker) 538

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
ANIJAKUMARI B – Appellant
Versus
ORIENTAL INSURANCE CO. LTD. – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.PRATHEESH.P, SMT.NIMA JACOB, SMT.S.SEETHA
For the Respondents: SRI.DINESH MATHEW J.MURICKEN

JUDGMENT

This appeal has been filed by the claimants in OP(MV) No.321 of 2005 on the files of the Motor Accidents Claims Tribunal, Kollam, claiming enhancement of compensation. The first respondent herein was the third respondent before the tribunal and the additional second respondent herein was the additional fourth respondent before the tribunal.

2. The case of the claimants was that on 22.11.2004, while the deceased was riding a motorcycle bearing Reg.No.KL–2/D 2963, a bus bearing Reg.No.KL-3/J 9723 driven by the second respondent in a rash and negligent manner, hit against the motorcycle, whereby he sustained fatal injuries and succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹17,00,000/-.

3. Respondents 1 and 2, who are the owner and driver of the offending vehicle respectively, remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. The additional fourth respondent is the mother of the deceased. PW1 was examined and Exts.A1 to A10

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