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2026 Supreme(Online)(Ker) 6216

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
MATHEW JOSE ARUPATHUMKALAYI HOUSE, KANAKKARY VILLAGE, KURUMALLOOR PO, KOTTAYAM – Appellant
Versus
MUSTHAJI BANKER S/O.GUNDALIK, HOUSE NO. 202, THANTHALL VILLAGE, SINTHOOR TALUK, PUNE DISTRICT, MAHARASHTRA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.JACOB E SIMON
For the Respondents: SRI.THOMAS M.JACOB

JUDGMENT

Since these two appeals arise from the very same award dated 03.11.2016 in O.P.(MV) No.1552 of 2014 on the file of the additional Motor Accidents Claims Tribunal, Kottayam, these appeals are heard together and being disposed of by this judgment. M.A.C.A. No.1452 of 2017 is filed by the 3rd respondent/insurer, challenging the quantum of compensation awarded by the tribunal whereas M.A.C.A. No.2778 of 2017 is filed the claimants in the original petition, dissatisfied with the quantum of compensation awarded by the Tribunal

2. According to the claimants, on 17.03.2014 at about

20.40 hours, while the deceased was riding a motorcycle bearing Reg No.KL 05/T-4345, a lorry bearing Reg. No.MH-16 AE/5557 driven by the first respondent in a rash and negligent manner, hit the deceased. As a result of the accident, he sustained serious injuries and later succumbed to those injuries on 27.03.2014. The legal heirs approached the tribunal claiming a total compensation of ₹1,11,31,000/- limited to ₹1,00,00,000/-.

3. Respondents 1 and 2/ the driver and the owner of the offending vehicle respectively, have filed a written statement contending that the accident occurred solely due to the rash a

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