IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
ABDUL SALAM – Appellant
Versus
ABDUL BASHEER M.K – Respondent
JUDGMENT
This appeal is filed by claimants in O.P.(MV) No.
2025/2016 on the file of the Motor Accidents Claims Tribunal, Ernakulam, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. According to the claimants, on 05.07.2016 at about
9.10 p.m., while the deceased was riding a motorcycle bearing Reg.No.KL- 7BY 7218 through NGO quarters to Kunnumpuram road, a car bearing Reg.No.KL-58-L-642 driven by the second respondent, in a rash and negligent manner hit the motorcycle. As a result, the deceased sustained serious injuries and succumbed to the injuries. The legal heirs of the deceased approached the tribunal claiming a total compensation of ₹25,00,000/-.
3. The 1st respondent/the owner of the offending vehicle remained ex-parte before the tribunal. The 2nd respondent/driver filed a written statement contending that the accident occurred due to the negligence of the deceased himself. The 3rd respondent insurer filed a written statement, admitting the policy but disputing the quantum of compensation claimed and also contended that the accident was caused due to the negligence of the rider of the motorcycle. Exts.A1 to A16 were marked
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