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2026 Supreme(Online)(Ker) 10478

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


Advocates:
For the Appellants/Petitioners: SRI.BINOY VASUDEVAN
For the Respondents: SHRI.T.J.LAKSHMANAN IYER

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 petitioner is the father of the insured and cannot therefore be considered as a third party vis-a-vis the insured vehicle. Before the tribunal, Exts.A1 to A10 & B1 were marked. The tribunal, after analysing the pleadings and materials on record, dismissed the claim petiti

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