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2017 Supreme(Online)(KER) 52176

HIGH COURT OF KERALA
C.T.RAVIKUMAR, ANIL K. NARENDRAN, JJ
BINDHU KUMARY – Appellant
Versus
THE MANAGING DIRECTOR – Respondent


Advocates:
SRI.C.R.SIVAKUMAR SRI.S.SURESH (VAMANAPURAM) R3 BY ADV. SRI.VPK.PANICKER R4 BY ADV. SRI.SHAJIN S.HAMEED R1 BY SMT.BIMALA BABY, SC, KSRTC R3 BY SRI.A.A.ZIYAD RAHMAN

JUDGMENT

Anil K. Narendran, J.

This appeal arises out of the award passed by the Motor Accidents Claims Tribunal, Attingal dated 27.3.2013 in O.P.(MV) No.1007 of 2008, an application filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of the death of one Ajayakumar, the husband of the appellant/first claimant and son of the fourth respondent/second claimant, who died in a motor accident occurred on 18.8.2008 while he was riding a motorcycle bearing Reg.No.KL-16/5643. At the place of accident, the motorcycle was hit by a KSRTC bus bearing Reg.No.KL-15/7027 owned and driven by respondents 1 and 2 respectively and insured with the third respondent. As a result of the accident, the deceased sustained fatal injuries, who succumbed to the injuries on the date of the accident itself. Alleging that the accident occurred due to the rash and negligent driving of the KSRTC bus by the second respondent driver, claim petition was filed before the Tribunal claiming a total compensation of Rs.27,00,000/- under different heads.

2. Before the Tribunal, the third respondent insurer filed M.A.C.A.2020/2013 2 written statement contending that the accident occurred due

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