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2020 Supreme(Online)(KER) 37381

HIGH COURT OF KERALA
N. NAGARESH, J
MR. T.CHANDRABABU – Appellant
Versus
MR. BINEESH – Respondent


Advocates:
Sri.T.K.RADHAKRISHNAN, Sri.J.OM PRAKASH, Sri.P.JACOB MATHEW, Sri.MATHEWS JACOB (SR.)

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 17th day of June, 2020 The claimant in OP(MV) No.1781/2001 of the Motor Accidents Claims Tribunal, Ernakulam, is in appeal, aggrieved by Award dated 03.06.2008.

2. Before the Tribunal, the appellant stated that on

25.02.2000, while he was travelling in a Mini lorry, along the Kundannur - Vyttila Bye-pass, the Mini lorry hit against another lorry and the appellant sustained injuries. The appellant was taken to Medical Trust Hospital, Ernakulam and from there to Medical College Hospital, Kottayam. The appellant was under treatment from 25.02.2000 to 06.03.2000. The accident occurred due to the negligent driving by the 2nd respondent. The 1st respondent is the owner of the vehicle. In his OP(MV), the appellant claimed that he was a CITU worker earning ₹5,000/-. The appellant claimed ₹6,36,000/- as compensation. The appellant subsequently impleaded additional respondents 4 and 5, who are the owner and driver of the other lorry.

3. Respondents 1 and 2, owner and driver of the Mini lorry, remained ex parte. The 3rd respondent-insurer in their written statement admitted the policy of the Mini lorry. However, the 3rd respondent stated that the

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