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2026 Supreme(Online)(Ker) 5820

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
RELIANCE GENERAL INSURANCE CO. LTD. – Appellant
Versus
SUNITHA K.S. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.GEORGE CHERIAN (SR.), SMT.LATHA SUSAN CHERIAN, SMT.K.S.SANTHI
For the Respondents: SMT.ANN THUSHARA ABRAHAM, SHRI.DOMSON J.VATTAKUZHY, SRI.MATHEW JOHN (K)

JUDGMENT

This appeal is filed by the third respondent/insurer in O.P.

(MV) No.759 of 2013 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha, challenging the liability to pay the award amount as well as the quantum of compensation. The respondents herein are the claimants and respondents 1 and 2 before the tribunal.

2. Brief facts of the case are as follows: On 03.08.2013, at about 04.45 p.m., while the deceased was riding a motorcycle bearing registration No.KL-17/H-4229 through Muvattupuzha – Koothattukulam M.C. road, a Bolero car bearing registration No.KL-35/C-3127 driven by the second respondent in a rash and negligent manner hit against the motorcycle and as a result, the deceased sustained serious injuries and succumbed to the injuries on the way to the hospital. The claimants who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹31,00,000/-.

3. The first and second respondents, the owner and the driver of the offending vehicle respectively, filed a joint written statement, contending that the accident was due to the rash and negligent riding of the motorcycle by the deceased and that the vehicle was validly insured wi

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