IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 7^TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 MACA NO. 1137 OF 2014 AGAINST THE ORDER/JUDGMENT DATED 25.02.2013 IN OPMV NO.411 OF 2012 OF MOTOR ACCIDENT CLAIMS TRIBUNAL ,KOZHIKODE APPELLANT:

PAVITHRAN AGED 54 YEARS S/O.KUMARAN, RESIDING AT PONNAMPARAMBATH HOUSE, P.O.KARAPARAMBU, NEAR HOMEO COLLEGE, KOZHIKODE BY ADVS.

SRI.V.S.CHANDRASEKHARAN SMT.LEKSHMI SWAMINATHAN RESPONDENTS:

1 M.SHAJAHAN S/O.CHERIYAMOIDEEN, RESIDING AT 1/2086, THARAMMEL HOUSE, THOPPAYIL, P.O.NADUKKAVU, KOZHIKODE - 673

006.

2 UNNIKRISHNAN AGED 29 YEARS S/O.SUKUMARAN NAIR, RESIDING AT VALIYAPARAMBU HOUSE, POTTAMMEL P.O., NELLIKODE, KOZHIKODE - 673

002.

3 THE NEW INDIA ASSURANCE COMPANY LIMITED BRANCH OFFICE, 1, 2ND FLOOR, FAIR MOUNT BUILDING, ERANHIPALAM, WYNAD ROAD, KOZHIKODE-673 010.

BY ADV N.S.MOHAMMED USMAN OTHER PRESENT:

SRI. N.S. MOHAMED USMAN FOR R3.

THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10.07.2024, THE COURT ON 07.04.2025 DELIVERED THE FOLLOWING:

V.G.ARUN, J = = = = = = = = = = = = = = = = =

MACA No.1137 of 2014 = = = = = = = = = = = = = = = = = =

Dated this the 7^th day of April, 2025

JUDGMENT

The app