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2026 Supreme(Online)(Ker) 10532

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
UNITED INDIA INSURANCE COMPANY LIMITED – Appellant
Versus
VILASINI.C – Respondent


Advocates:
For the Appellants/Petitioners: SRI.JOHN JOSEPH VETTIKAD
For the Respondents: SRI.THOUFEEK AHAMED, SRI.T.M.ABDUL LATHEEF, SRI.A.MOHAMED RASHEED

JUDGMENT

This appeal is filed by the 3rd respondent insurer in O.P.(MV) No.58 of 2010 on the file of the Motor Accidents Claims Tribunal, Attingal, challenging the liability imposed by the tribunal on the appellant in the impugned award dated 14/11/2017. The respondents herein were the claimant and respondents 1 and 2 before the tribunal.

2. The case of the claimant is that on 22.08.2009, she purchased a small load of split cashew nuts and hired an Ape Cargo bearing Registration No. KL-16D/1633 for transporting the same. The vehicle was driven by the 2ndrespondent in a rash and negligent manner. The claimant also accompanied the goods in the vehicle. While en route, the vehicle toppled over and as a result of the accident, the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹2,02,500/-, which was limited to ₹2,00,000/-.

3. Respondents 1 to 3 were the registered owner, driver and the insurer of the offending vehicle, respectively. The first respondent filed a written statement contending that the 2nd respondent had a valid driving licence at the time of accident and the vehicle was insured with the 3rd respondent. The second

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