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1991 Supreme(Ker) 87

U.L.BHAT, GUTTAL
United India Insurance Co. Ltd. – Appellant
Versus
Jameeia Beevi – Respondent


Judgment :-

G.H. Guttal, J.

1. The insurer, United India Insurance Co. Ltd., Ernakulamlias preferred this appeal against the award of the Mb for Accidents Claims Tribunal, Kozhikode in M. AC. No. 220 of 1981 by which a sum of Rs. 55,000/- was awarded to respondent Nos.1 to 7, the heirs of deceased P. Kassim. The respondent No. 8, who is alleged to have been driving the vehicle at the time of the accident, disputes that he was driving the vehicle. The respondent No. 9, the insured, claims to have transferred the vehicle to respondent No. 8 before the occurrence of the accident. Therefore, he claims that he was not the owner of the vehicle at the relevant time. The respondents 1 to 7 are hereinafter referred to as the claimants.

2. The facts giving rise to this appeal are briefly these: The deceased, P. Kassim, standing in front of a shop at Thottilpalam road junction, Kuttiadi, was knocked down by the jeep bearing Reg. No. KLR 7519, driven by the respondent No. 8. This was on 23-10-82 at about 2 p.m. The insurance policy, which constitutes the contract between the appellant and the insured (respondent No. 9) who was admittedly the registered owner. The vehicle was agreed to be sold to




























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