The New India Assurance Co. Ltd vs Gopu on 8 April, 2025

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Leave granted.

2. This appeal is directed against an order dated

01.03.2019, passed by the High Court of Kerala in MACA No.627 of

2016, by which the compensation awarded to the claimants by the

Motor Accidents Claims Tribunal, Alappuzha (for short, `the

Tribunal’) was enhanced.

3. On 02.06.2000 at 3.00 P.M., the deceased was riding

pillion on a motorcycle being driven by one V.G. Shibu, 1 st

respondent before the Tribunal. Near the Avalookunnu Post office,

respondent No.1 applied sudden brake to save a cyclist and the

deceased fell and was injured. Ultimately, the deceased succumbed

to her injuries on 07.06.2000 at the Medical College Hospital. It

is alleged that the accident was due to the rash and negligent

driving by the bike driver. The owner and driver were ex-parte in

the Tribunal.



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