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1997 Supreme(Ker) 96

V.V.KAMAT, K.A.MOHAMMED SHAFI
Rajan – Appellant
Versus
Sukumaran – Respondent


Judgment :-

Mohamed Shafi, J.

The award dated 24.7.1987 and the order dated 25.2.1988 in I. A. No. 592/87 in OP (MV) No. 516/82 passed by the Motor Accidents Claims Tribunal, Trivandrum are challenged by the claimant in this appeal. The claimant-appellant claimed a total compensation of Rs. 1,25,000/- for the personal injuries sustained by him alleging that while he was riding his bicycle from west to east through the Trivandrum-Kattakada road on 9.3.1981 the taxi bearing No. KLV 2991 owned by the 1st respondent and driven by the 3rd respondent in a rash and negligent manner from the opposite direction hit against his bicycle, knocked him down and caused serious injuries.

2. The Tribunal after enquiry, by the award dated 24.7.1987 allowed a compensation of Rs. 81,800/- with interest at 9% per annum from 29.7.1982 against respondents 1 and 3 and directed the 2nd respondent insurer to pay the amount within two months from the date of award and allowed interest at 12% per annum beyond the period of two months, disallowing the contention raised by the 2nd respondent with regard to limitation of their liability.

3. Subsequently, the 2nd respondent-insurance company filed IA No. 592/87 befo



































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