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2026 Supreme(Online)(Ker) 1157

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
NIRMALA – Appellant
Versus
ORIENTAL INSURANCE CO. LTD. – Respondent


Advocates:
For the Appellants/Petitioners: Sri.Baby Mathew
For the Respondents: Shri.Mathews Jacob (SR.), Shri.P.Jacob Mathew

JUDGMENT

The petitioners in OP(MV) No.57/2013 on the file of the Motor Accidents Claims Tribunal, Palakkad have preferred this appeal seeking enhancement of compensation awarded by the tribunal on account of the death of Unnikrishnan in a motor accident that occurred on 06.07.2012.

2. The case of the petitioners is that on 06.07.2012 at about 8 p.m., while Sri.Unnikrishnan was travelling in an autorickshaw bearing Reg.No.KL/57/E/3278 as a passenger and reached at P.C.Mukku in Thamarassery-Balussery State Highway, a bus bearing Reg.No.KL/56/B/1566 driven by the 2nd respondent in a rash and negligent manner hit the auto rickshaw. Due to the impact of the hit, Unnikrishnan sustained fatal injuries and he died at the spot.

3. The registered owner and driver of the offending bus bearing Reg.No.KL-56/B-1566 and owner-cum-driver of auto rickshaw bearing Reg.No.KL-57/E-3278 were arrayed as the 1st 2nd and 4th respondents respectively, whereas, the insurer of the bus was arrayed as the 3rd respondent.

4. The 3rd respondent contested the petition by written statement mainly disputing the quantum of compensation claimed, despite admitting insurance coverage for the bus involved in the a

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