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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
UNITED INDIA INSURANCE COMPANY LIMITED ERNAKULAM – Appellant
Versus
SINDHU BIJUI W/O.LATE P.V.BIJU – Respondent
| Table of Content |
|---|
| 1. facts of the accident and claim. (Para 1 , 2 , 3) |
| 2. arguments regarding liability and negligence. (Para 4 , 5 , 6 , 7) |
| 3. application of law regarding section 163a and insurer liability. (Para 8) |
JUDGMENT
This appeal is filed by the 5th respondent/insurance company in O.P (MV) No.742 of 2010 on the file of the Motor Accidents Claims Tribunal, Ernakulam, challenging the liability to pay the award amount. The claim petition was filed under Section 163A of the Motor Vehicles Act (for short, “the Act”), The respondents 1 to 6 herein are the claimants 1 to 6 and respondents 7 to 10 herein are the respondents 1 to
4 before the tribunal.
2. The case of the claimants is that on 31.05.2007, at about 9.00 p.m., while the deceased was riding a motorcycle bearing Registration No. KL-7/AN-81, on reaching near Cherukunnam Kavala, the motorcycle dashed at the rear side of a tipper lorry bearing Registration No. KL-40/3348, which was parked on the left side of the road. The deceased sustained grievous injuries, and later succumbed to the said injuries. The claimants approached the tribunal claiming a total compensation of ₹6,56,900/-.
3. Respondents 1 to 3, were the driver, owner
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