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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
DR.SHAILA.S – Appellant
Versus
RAJESH – Respondent
| Table of Content |
|---|
| 1. claim for compensation dismissed due to lack of evidence on negligence. (Para 1 , 2) |
| 2. arguments presented by both sides regarding negligence. (Para 3 , 4 , 5 , 6) |
| 3. court's examination of evidence regarding negligence. (Para 7 , 8) |
| 4. final court ruling affirming dismissal of the appeal. (Para 9) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV)
No.959 of 2003 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram, against the dismissal of the claim petition by the tribunal. The respondents herein were the respondents before the tribunal.
2. According to the claimant, on 11.05.2003, while the claimant was travelling in a Maruti car bearing Reg.No.KL-01-H-7837 which was driven by her husband, an auto-rickshaw bearing Reg.No.01-Q-9758 driven by the 1st respondent in a rash and negligent manner, hit the right side of the body of the car and thus the she sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹2,00,000/-.
3. The first respondent/owner-cum-driver of the offending vehicle remained ex-parte before the tribunal. The second respondent/insurer filed a written statement contending that the petiti
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