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2026 Supreme(Online)(Ker) 10107

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
THE NATIONAL INSURANCE CO.LTD NEW DELHI – Appellant
Versus
NISHA.A.T – Respondent


Advocates:
For the Appellants/Petitioners: SRI.GEORGE CHERIAN (SR.), SMT.LATHA SUSAN CHERIAN, SMT.K.S.SANTHI
For the Respondents: SRI.K.ARJUN VENUGOPAL, SHRI.P.CHANDRASEKHAR, SMT.V.A.HARITHA, SHRI.JEEVAN RAJEEV, SMT.MARY RESHMA GEORGE, SHRI.R.NANDAGOPAL

JUDGMENT

This appeal is filed by the third respondent/insurer in O.P.

(MV) No.157 of 2014 on the file of the Motor Accidents Claims Tribunal, Tirur, challenging the quantum of compensation. The respondents herein are the claimants before the tribunal.

2. Brief facts of the case are as follows: On 17.10.2013, at about 11.30 a.m., while the deceased was riding a motorcycle bearing registration No.KL-52-E-9449 from Valanchery to Valiyakunnu, another motorcycle bearing registration No.KL- 52-F-2536 ridden by the second respondent in a rash and negligent manner hit against the motorcycle in which the deceased was riding 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 ₹29,80,000/-.

3. Though notice was served on respondents 1 and 2, the owner and the driver of the offending vehicle respectively, they remained absent and were set ex parte before the tribunal. The third respondent – insurer filed a written statement, admitting the insurance policy and disputing the liability and quantum of compensation claimed. Before the tribunal, PW1 was ex

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