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2026 Supreme(Online)(Ker) 5822

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
PARU W/O.KOYAN – Appellant
Versus
JAMSHEED S/O.ABDUL RAHMAN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.BINOY VASUDEVAN
For the Respondents: SRI.GEORGE CHERIAN (SR.), SMT.ALEXY AUGUSTINE, ADV. LATHA SUSAN CHERIAN

JUDGMENT

This appeal has been filed by the claimants in OP(MV)

No.1463 of 2011 on the file of the Motor Accidents Claims Tribunal, Palakkad, claiming enhancement of compensation. The respondents herein are the respondents before the tribunal.

2. According to the claimants, on 04.09.2011 at about 11.40 p.m., while the deceased was travelling in an autorickshaw along the Palakkad–Kozhikode National Highway, a goods vehicle bearing Reg.No.KL-55 H 3736 driven by the second respondent in a rash and negligent manner collided with the autorickshaw, as a result of which the deceased sustained grievous injuries and subsequently succumbed to the same. The legal heirs of the deceased thereupon approached the Tribunal claiming a total compensation of ₹14,00,000/-.

3. The first and second respondents were the registered owner and the driver of the offending vehicle, respectively. The 3rd respondent/ insurer filed a written statement, admitting the policy coverage for the offending vehicle, but denying the negligence of the second respondent. Before the tribunal, Exts.A1 to A18 were marked. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on ac

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