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1999 Supreme(Ker) 367

K.K.USHA, RAJENDRA BABU
National Insurance Co. Ltd. – Appellant
Versus
Sasilatha – Respondent


Judgment :-

K.K. Usha, J.

This is an appeal at the instance of the Insurance Company challenging the award passed against it by the M.A.C.T, Punalur in O.P, (MV) 1082/93. Petition was failed before the Tribunal by the owner of a Jeep u/Ss,140 & 166 of Motor Vehicles Act, 1988, claiming damages for bodily injury sustained by her in an accident involving the Jeep which belonged to her and a bus belonging to the Kerala State Road Transport Corporation on 17.11.1992. On the basis of the evidence, Tribunal came to the conclusion that there was no negligence on the part of the Driver of the K.S.R.T.C bus, but, on the other hand, accident happened only due to the negligence on the part of the Driver of the Jeep.

2. appellant-insurance Company contended before the Tribunal that the petitioner being the insured, she cannot put forward any claim from the Insurance Company. Under the terms of the contract between the Insurer and the insured, obligation of the insurer is only to indemnify the insured in respect of any liability which is cast on her pursuant to a motor vehicle accident. Tribunal apparently accepted the above contention, but, then proceeded to consider the claim of the petitioner


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