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2026 Supreme(Online)(Ker) 6984

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
THE ORIENTAL INSURANCE CO.LTD – Appellant
Versus
JAMEELA – Respondent


Advocates:
For the Appellants/Petitioners: ADV SRI.VPK.PANICKER
For the Respondents: ADV SHRI.AVM.SALAHUDIN

JUDGMENT

This appeal is filed by the third respondent/insurance company in O.P (MV) No.1444 of 2014 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode, challenging the quantum of compensation awarded by the tribunal. The respondents herein are the petitioners before the tribunal.

2. According to the claimants, on 26.12.2006 at about 06.15 pm, while the deceased was walking along side the Kinnasherri - Kunnathukavu road, a motorcycle bearing registration No.KL-10-Y- 5478 driven by the 2nd respondent in a rash and negligent manner hit against the deceased. As a result of the accident, the deceased had sustained serious injuries and later succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹5,00,000/-.

3. The first respondent/owner of the offending vehicle remained ex parte before the tribunal. The second respondent/driver filed a written statement contending that the accident occurred due to the negligence of the deceased and that the vehicle was duly insured with the third respondent. The 3rd respondent/insurer filed a written statement admitting the validity of the policy but di

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