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2026 Supreme(Online)(Ker) 4670

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
THE UNITED INDIA INSURANCE COMPANY LIMITED MANNARKKAD BRANCH – Appellant
Versus
ABDUL VAHAB – Respondent


Advocates:
For the Appellants/Petitioners: SMT.DEEPA GEORGE

JUDGMENT

This appeal is filed by the appellant/insurance company in O.P (MV) No.717 of 2009 on the file of the Motor Accidents Claims Tribunal, Ottappalam challenging the liability to pay the award amount. The respondents herein are the petitioner and respondents 1 and 2 before the tribunal.

2. According to the claimant, on 09.07.2009 at about 07.30 pm, while the petitioner was travelling on the motorcycle, a goods autorickshaw driven by the 1st respondent in a rash and negligent manner hit on the motorcycle. As a result of the accident, the petitioner had sustained serious injuries. The appellant approached the tribunal claiming a total compensation of ₹2,00,000/-.

3. The first respondent is the driver and second respondent is the owner of the vehicle. The 3rd respondent/insurer filed a written statement admitting the validity of the policy, but disputing the quantum of compensation claimed and contending that the offending vehicle was plied without a valid fitness certificate. Before the tribunal, Exts.A1 to A8 and Ext.B1 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹1,01,850/- as compensation under different heads with interest

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