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2026 Supreme(Online)(Ker) 6213

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
RAHMATH – Appellant
Versus
NATIONAL INSURANCE COMPANY LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SRI.C.N.SAMEER

JUDGMENT

This appeal is filed by claimants 1 & 3 in O.P.(MV)

No. 94 of 2007 on the file of the Motor Accidents Claims Tribunal, Perumbavoor, claiming enhancement of compensation. The respondent herein is the 2nd respondent before the tribunal.

2. According to the claimants, on 26.11.2006, while the deceased Muhammed Riyaz was driving a mini door tempo bearing Reg.No.KL-04/H-1746 through Aluva to Perumbavoor KSRTC road, a lorry bearing Reg.No.KL- 02/C-8429 driven by the additional 5th respondent, in a rash and negligent manner hit against minidoor tempo. As a result the deceased sustained serious injuries and succumbed to the injuries. The legal representatives of the deceased/claimants approached the tribunal claiming a total compensation of ₹8,86,000/- which was limited to ₹8,00,000/-. For brevity, the parties are referred to as they are arrayed before the tribunal.

3. The first respondent/registered owner, third respondent/owner of the mini door tempo and the additional 5th respondent/driver of the offending vehicle remained ex-parte before the tribunal. The second respondent/insurer of the lorry and the fourth respondent/insurer of the mini door tempo has filed a joint written sta

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