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2026 Supreme(Online)(Ker) 18455

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
THE ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
LAILA W/O. SAJEER – Respondent


Advocates:
For the Appellants/Petitioners: SRI.GEORGE CHERIAN (SR.), SMT.LATHA SUSAN CHERIAN, SMT.K.S.SANTHI
For the Respondents: SRI.K.RAKESH, SRI.K.S.PRENJITH KUMAR

Table of Content
1. accident caused by negligent driving (Para 1 , 2)
2. initial compensation determined by tribunal (Para 3)
3. legal arguments regarding compensation amounts (Para 5)
4. final order adjusting compensation awarded (Para 6)

JUDGMENT

This appeal has been filed by the third respondent insurer in OP(MV) No.1236 of 2011 on the files of the Motor Accidents Claims Tribunal, Manjeri, challenging the quantum of compensation awarded to the claimants. The respondents 1 to 3 herein were the claimants and respondents 4 & 5 herein were the respondents 1 & 2 before the tribunal.

2. The case of the claimants was that on 04.06.2010, while the deceased was riding a motorcycle bearing Reg.No.KL-01-AE- 5822, a pickup jeep bearing Reg.No.KL-10-AA-1048 driven by the first respondent in a rash and negligent manner, hit the motorcycle, whereby he sustained fatal injuries and succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹7,00,000/-.

3. Respondents 1 and 2, who were the driver and the owner of the offending vehicle, remained ex parte before the tribunal. The third respondent insurer filed a written stateme

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