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2026 Supreme(Online)(Ker) 9334

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED – Appellant
Versus
KUNJUKUNJAMMA KOSHY – Respondent


Advocates:
For the Appellants/Petitioners: SRI.MATHEWS JACOB (SR.), SHRI.P.JACOB MATHEW
For the Respondents: SRI.T.K.KOSHY, SMT.V.V.RISANI, SHRI.SABU I.KOSHY

JUDGMENT

This appeal is filed by the 3rd respondent insurer in O.P.

(MV) No.476 of 2011 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta, challenging the quantum of compensation awarded. The respondents herein are the claimants before the tribunal.

2. Brief facts of the case are as follows: On 05.03.2011, at about 08.30 p.m., while the deceased was riding a Honda Activa Scooter bearing registration No.KL-03P-5314 from Omalloor to Kaipattoor, a Mahindra Xylo Car bearing registration No.KL-03- T-5082 driven by the first respondent in a rash and negligent manner dashed against the motorcycle and as a result, the deceased sustained serious injuries and succumbed to the injuries. The claimants who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹23,00,250/- which is limited to ₹9,00,250/-.

3. The first, second and third respondents were the driver, owner and the insurer of the offending vehicle respectively before the tribunal. The third respondent - insurer filed a written statement admitting the insurance policy, disputing the liability and quantum of compensation claimed. Before the tribunal, Exts.A1 to A12 were marked. The

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