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2026 Supreme(Online)(Ker) 6464

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
RELIANCE GENERAL INSURANCE CO. LTD. – Appellant
Versus
RADHIKA W/O. LATE NARAYANANKUTTY – Respondent


Advocates:
For the Appellants/Petitioners: SRI.GEORGE CHERIAN (SR.), SMT.LATHA SUSAN CHERIAN, SMT.K.S.SANTHI
For the Respondents: SHRI.U.BALAGANGADHARAN

JUDGMENT

This appeal has been filed by the insurer/ 3rd respondent in OP(MV) No.419 of 2013 on the file of the Motor Accidents Claims Tribunal, Palakkad, challenging the quantum of compensation awarded by the tribunal. The respondents herein are the claimants before the tribunal.

2. According to the claimants, on 10.01.2013 at about 8.30 p.m., while the deceased was travelling in motorcycle bearing Reg.No.KL 9AD/6800, a lorry bearing Reg. No.KL 11 AC/7156 driven by the second respondent in a rash and negligent manner collided with the motorcycle, 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 ₹13,00,000/-.

3. The first and second respondents/the registered owner and the driver of the offending vehicle, respectively, filed a written statement denying negligence. 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 A8 were marked. The tribunal, after analysing the pleadings and materials on r

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