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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
TATA AIG GENERAL INSURANCE COMPANY LTD – Appellant
Versus
MUBASHIRA W/O.LATE ABDUL JABBAR T. – Respondent
| Table of Content |
|---|
| 1. facts of the case and incident. (Para 1 , 2) |
| 2. arguments from the parties regarding negligence. (Para 3 , 4 , 7 , 8) |
| 3. court's observations on the evidence and finding. (Para 5 , 6 , 9 , 10 , 14 , 15) |
| 4. computation of compensation. (Para 11 , 12 , 13 , 17 , 18 , 19) |
| 5. final decision and order. (Para 22 , 23) |
JUDGMENT
This appeal is filed by the 2nd respondent insurance company in OP(MV).No.737/2014 on the file of the Motor Accidents Claims Tribunal, Tirur, challenging the award passed by the said Tribunal.
2. The claimants filed the O.P seeking compensation under Sections 140 & 166 of the Motor Vehicles Act , stating that on 19.01.2013 at about 5.10 a.m, while the victim Abdul Jabbar was riding a motorcycle bearing registration No.KL-55-J-7616 and when it reached near Mannoor Juma Masjid, it dashed on a goods lorry bearing registration No.MH-50-2979 loaded with pipes, which was carelessly parked on the road without any signal and parking light so as to endanger human life. As a result of the accident, the victim sustained serious injuries. Though he was taken to hospital and undergone treatment, he succumbed to the injuries on 17.05.2013. The accident occurred du
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