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2026 Supreme(Online)(Ker) 4888

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SREEJILA P.S – Appellant
Versus
K.K.MASHOOD – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.P.V.MOHANAN
For the Respondents: SHRI.P.JACOB MATHEW, SRI.MATHEWS JACOB (SR.)

JUDGMENT

This appeal is filed by the legal heirs of the claimant in O.P (MV)

No.191 of 2010 on the file of the Motor Accidents Claims Tribunal, Thalassery dissatisfied with the quantum of compensation awarded by the tribunal. The respondents herein are the respondents before the tribunal.

2. According to the claimants, on 07.05.2009 at about 08.00 pm, while the deceased was travelling in a motorcycle bearing registration No. PY-03/3244 as a pillion rider, a car bearing registration No.KL-58- B-6175 driven by the 1st respondent in a rash and negligent manner hit on the motorcycle. As a result of the accident, the claimant had sustained serious injuries and later succumbed to the injuries. The claimants, who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹18,00,000/-.

3. The first and second respondent/driver and owner of the offending car entered appearance and did not file a written statement. The 3rd respondent/insurer filed a written statement admitting the validity of the policy but disputing the quantum of compensation claimed and denied that the 1st respondent was not holding a valid driving licence to drive the vehicle at the time o

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