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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)

Table of Content
1. claimants represented the legal heirs seeking compensation after a negligent accident. (Para 1 , 2 , 3)
2. arguments on liability involved the conduct of the vehicle driver and contributory factors. (Para 4 , 5)
3. court assessed various heads of compensation and established guidelines for duplicity. (Para 6 , 7 , 8 , 9 , 10)
4. final judgment modified compensation while emphasizing legal compliance for disbursement. (Para 11)

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 th

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