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2017 Supreme(Online)(KER) 52645

HIGH COURT OF KERALA
C.T.RAVIKUMAR, ANIL K. NARENDRAN, JJ
THE UNITED INDIA INSURANCE CO.LTD. – Appellant
Versus
M.E.REETHA – Respondent


Advocates:
SRI.GEORGE CHERIAN (THIRUVALLA), SRI.M.SASINDRAN

JUDGMENT

Anil K. Narendran, J. This appeal arises out of the award dated 30.5.2013 of the Motor Accidents Claims Tribunal, Thalassery in O.P.(MV)No.1375 of 2003, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the death of one K.P.Jayanandan, the husband of the 1 st respondent, father of the 2 nd and 3 rd respondents and son of the 4 th respondent, who died in a motor vehicle accident occurred on 20.1.2003 while travelling as pillion rider in a motor cycle bearing Reg.No.KL-13/2450 ridden by the 5 th respondent. The said motor cycle, which was owned by the deceased, was insured with the appellant insurer. At the place of accident, the motor cycle capsized allegedly due to the rash and negligent riding of the 5 th respondent. The deceased who fell down and sustained injuries, had succumbed to the injuries on the way to hospital. At the time of the accident, the deceased was working as Extra Departmental Postman at Muthiyanga Post Office, drawing a salary of 2,750/- per month. Claiming a total compensation of 10,00,000/- under ₹ ₹ different heads, claim petition was filed before the Tribunal.

2. The 5 th respondent rider fi

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