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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
SYAMALA V.S – Appellant
Versus
ANILKUMAR – Respondent
| Table of Content |
|---|
| 1. facts of the accident and injuries sustained. (Para 1 , 2 , 3) |
| 2. arguments regarding negligence and burden of proof. (Para 5 , 6) |
| 3. court's final decision to remand for reconsideration. (Para 7) |
JUDGMENT
Dated this the 02nd day of February, 2026
This appeal is filed by the appellant, being aggrieved by the award dated 08.06.2022 in O.P.(M.V) No.1879/2016, on the files of the Motor Accidents Claims Tribunal, Trivandrum.
2. The alleged case of the petitioner/appellant is as follows: The appellant was the pillion rider on the motorcycle bearing Registration No. KL-01-AL-5512 at around 9 PM on 02.04.2016. When the vehicle reached near Kattakkada Market, in front of Punchiri Glass House, the 2nd respondent, who was riding the motorcycle, in a rash and negligent manner at high speed, suddenly turned the vehicle. As a result, the appellant was thrown onto the road and sustained injuries. She was taken to the Medical College Hospital, where it was assessed that she had Grade III mobility of the upper left incisor, right fracture symphysis, fracture of the mandible, and other injuries.
3. It is further contended that the 1st respondent is the owner of the motorcycle, which had
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