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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
VIJAYAKUMARI – Appellant
Versus
SAJEESH – Respondent
| Table of Content |
|---|
| 1. claimant's circumstances surrounding the accident. (Para 1 , 2 , 3) |
| 2. arguments regarding the validity and liability of the insurance policy. (Para 4 , 5 , 6) |
| 3. court's assessment of the tribunal's decision. (Para 7) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.1907 of
2004 on the file of the Additional Motor Accidents Claims Tribunal, Alappuzha challenging the dismissal of the claim petition by the tribunal. The respondents herein were the respondents before the tribunal.
2. According to the claimant, on 13.03.2004 at about 08.45 a.m., while the claimant was travelling as a pillion rider on a motorcycle bearing reg. No. KL-04/G-2964, when reached near AKG Junction, the claimant accidentally fell down and sustained injuries. The appellant approached the tribunal claiming compensation of ₹1,15,000/-.
3. The first respondent is the owner cum rider of the offending vehicle who remained ex parte before the tribunal. The 2nd respondent/insurer filed a written statement admitting the validity of the policy, but disputing the quantum of compensation claimed and denying liability. Before the tribunal, PW1 was examined and Exts.A1 to A13 and Ext.B1 were marked
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