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1990 Supreme(Ker) 443

PARIPOORNAN, BALANARAYANA MARAR
New India Assurance Co. Ltd. – Appellant
Versus
Koyammu – Respondent


Judgment :-

Balanarayana Marar, J.

The insurer is the appellant. Appeal is against the award of Motor Accidents Claims Tribunal, Kozhikode in M. AC. 142 of 1981. The accident happened on 26-9-1980. The first respondent was a passenger in bus KLD 7914 owned by 3rd respondent and driven by 2nd respondent. He sustained injuries when the bus met with the accident as a result of rash and negligent driving of the vehicle by second respondent. An amount of Rs.25,000/- was claimed as compensation from respondents 2 and 3 and the appellant, who is the insurer. The petition was resisted by the owner, driver and the insurer. Appellant, the insurer inter alia contended that their liability is limited as provided in the Motor Vehicles Act. They further contended that their liability has to be fixed at Rs.5,000/- since the claimant was a passenger. The Tribunal awarded an amount of Rs.25,000/- as compensation with interest at 12% per annum from date of petition with costs which include the advocate's fee as provided in the Civil Rules of Practice for suits. Appellant was directed to pay the amount. It was further directed that 95% of the amount awarded shall be deposited in fixed deposit in a nat
















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