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2026 Supreme(Online)(Ker) 7420

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
NEETHU, AGED 26 YEARS W/O. LATE JIJIMON – Appellant
Versus
THE MANAGER M/S. ROYAL SUNDARAN ALLIANCE INSURANCE CO. LTD – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.SIJU, SMT.RENY ANTO
For the Respondents: SHRI.P.JACOB MATHEW, SRI.MATHEWS JACOB (SR.)

JUDGMENT

This appeal is filed by the legal heirs of the claimant in O.P (MV) No.1227 of 2013 on the file of the Motor Accidents Claims Tribunal, Kollam, challenging the quantum of compensation awarded by the tribunal. The respondent herein is the 3rd respondent before the tribunal.

2. According to the claimants, on 15.03.2013 at about 09.10 pm, while the deceased was riding a motorcycle bearing reg. No. KL- 29D 5034, a car bearing registration No.KL-29-F-3991, driven by the 2nd respondent in a rash and negligent manner, hit against the motorcycle. As a result of the accident, the deceased had sustained serious injuries and succumbed to them. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹40,00,000/-.

3. The second respondent/driver of the offending vehicle remained ex parte before the tribunal. The 1st respondent entered appearance and filed a written statement contending that the accident occurred due to the rash and negligent act of the deceased and that the 2nd respondent was driving the vehicle with due care and caution. It is further contended that the vehicle was covered by a valid policy, though the quantum of c

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