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2026 Supreme(Online)(Ker) 2560

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
NABEESATH BEEVI – Appellant
Versus
KUNHAAYISA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.B.KRISHNAN, SHRI.R.PARTHASARATHY
For the Respondents: SHRI.N.SHANOJ, SHRI.SEBASTIAN VARGHESE(K/141/2000), SRI.C.MOHAMMED HABEEB

Table of Content
1. claimants allege negligence leading to death. (Para 1 , 2 , 3)
2. challenge against liability based on evidence. (Para 4 , 5 , 6)
3. remand for further evidence before tribunal. (Para 7)

JUDGMENT

This appeal is filed by the 1st respondent/owner in O.P(MV)

No.549 of 2010 on the file of the Motor Accidents Claims Tribunal, Vatakara challenging the right of recovery granted by the tribunal to recover the award amount from the appellant/1st respondent, owner. The respondents herein are the claimants 1 to 3 and respondents 2 and 3 before the tribunal.

2. According to the claimant, on 29.01.2010 at about 05.30 pm, while the deceased was proceeding through the margin of the public road, a goods carriage autorickshaw bearing registration No.KL-18E- 4503 driven by the 2nd respondent in a rash and negligent manner knocked down the deceased. As a result of the accident, the claimant had sustained serious injuries and succumbed to the injuries on 02.02.2010. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹6,24,000/-

limited to ₹4,00,000/-.

3. The first and second respondent/owner and driver of the offending autoricksha

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