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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
VIJAYAKUMAR AGED 54 YEARS S/O. ACHUTHAN NAIR – Appellant
Versus
1 ARUNKUMAR AGED 26 YEARS S/O. VIJAYAKUMAR – Respondent
| Table of Content |
|---|
| 1. overview of claim details and tribunal's findings. (Para 1 , 2) |
| 2. arguments regarding negligence and tribunal's dismissal. (Para 3 , 4) |
| 3. discussion on proof of negligence requirement. (Para 5 , 6 , 7) |
| 4. court's conclusion on appeal dismissal. (Para 8) |
JUDGMENT
This appeal is filed by the appellant/claimant challenging the dismissal of the impugned award dated 05.11.2014 in O.P. (MV) No.775 of 2010 on the file of the Motor Accidents Claims Tribunal, Palakkad. The respondents herein were the respondents before the tribunal.
2. According to the claimant, on 11.09.2009, while the claimant was pillion riding on a motorcycle bearing registration No.KL-09-X-6423 from Palakkad to Puthuppariyaram, a pedestrian, under the influence of alcohol and in an inebriated state, jumped in front of the motorcycle and as a result, the rider of the vehicle lost control and thereby the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹3,00,000/-.
3. Though the first respondent, the owner-cum-rider of the offending vehicle appeared through counsel, no written statement was filed. The second respondent – insurer contended that the p
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