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2026 Supreme(Online)(Ker) 13913

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
NOUSHAD – Appellant
Versus
LATHEEF – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.AVM.SALAHUDIN, SMT.EMIL STANLEY
For the Respondents: SHRI.T.V.AJAYAKUMAR

JUDGMENT

This appeal is filed by the claimant in O.P.(MV) No.1747 of

2014 on the file of the Motor Accidents Claims Tribunal, Kozhikode, challenging the dismissal of the impugned award dated 14.03.2016. The respondents herein were the respondents before the tribunal.

2. According to the claimant, on 04.05.2014 at about

08.15 p.m., while the claimant was riding a motorcycle bearing registration No.KL-13-L-9034 from Kozhikode to Meenchanda, a car bearing registration No.KL-25-8019 driven by the second respondent in a rash and negligent manner hit the motorcycle and as a result, he sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹2,88,000/-.

3. Though notice was served on the first and second respondents, 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 but disputing the liability and quantum of compensation claimed. They contended that the accident occurred due to negligence on the part of the rider of the claimant. They contended that the claimant had consumed alcohol at t

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