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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
THE NATIONAL INSURANCE CO.LTD. – Appellant
Versus
MANIKANDAN – Respondent
| Table of Content |
|---|
| 1. details surrounding the motor accident and injuries sustained. (Para 1 , 2) |
| 2. appellant's challenge against the finding of negligence. (Para 3 , 4) |
JUDGMENT
Dated this the 17th day of March, 2026 This appeal is preferred against the award dated
28.02.2023 in O.P.(M.V.) No.779/2009. The claim petition was filed by the first respondent in relation to an accident that occurred on 02.01.2008 while he was driving an autorickshaw bearing Reg.No.KL-08-L-7943 along the Vadookara–Koorkanchery public road towards Thrissur. When the autorickshaw reached in front of Milma Road, another autorickshaw bearing Reg.No.KL-08-X-9210, driven by the first respondent in a rash and negligent manner, hit the petitioner’s autorickshaw. As a result of the said accident, the petitioner sustained serious bodily injuries, including a fracture to the left femur. He was immediately taken to the hospital and underwent treatment. It is contended that the accident occurred solely due to the rash and negligent driving of the autorickshaw bearing Reg.No.KL-08-X-9210 by the first respondent.
2. The second respondent is the owner of the offending vehicle and the third respondent is the insurer. The Trib
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