IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
GIRIJA T.N. – Appellant
Versus
SURESH CHERUTHURUTHY HOUSE, S.H.MOUNT P.O., KOTTAYAM – Respondent
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.258 of 2011 on the file of the Motor Accidents Claims Tribunal, Kottayam, challenging the dismissal of the claim petition by the tribunal. The respondents herein were the respondents before the tribunal.
2. The case of claimant was that on 15.04.2010, while the claimant was pillion riding on a motorcycle bearing Reg.No.KL-5/AA-4719, ridden by the 1st respondent in a rash and negligent manner, fell down, and she sustained serious injuries. The claimant approached the tribunal claiming compensation.
3. The first respondent/rider and the second respondent/owner of the motorcycle remained ex-parte before the tribunal. The third respondent, insurer, filed a written statement admitting the insurance policy for the motorcycle but disputing the quantum of compensation claimed and further contended that the claimant did not sustain any injury. Before the tribunal Exts. A1 to A4 and Ext X1 were marked. The tribunal, after analysing the pleadings and materials on record, dismissed the claim petition.
4. Heard the learned counsel for the appellant and the learned Standing Counsel for the respondent insurance company.
5. The learned couns
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