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1987 Supreme(Ker) 87

PARIPOORNAN
B. K. Joy – Appellant
Versus
Tom Jose – Respondent


Judgment :-

1. The substantial prayer in this O.P. is to declare R.16 of the Kerala Motor Accidents Claims Tribunal R.1977, as illegal, ultra vires and violative of the principles of natural justice. The petitioner has filed a claim petition as O.P.M.V. No. 22/83 before the 4th respondent. Motor Accidents Claims Tribunal, Ernakulam. The petitioner's son Joby joy died as a result of an accident. The 2nd respondent is the driver of the vehicle, KLE 8303, at the time of the accident. The 1st respondent is the owner and the 3rd respondent is the insurer. The petitioner states that he has to prove negligence on the part of the tort feasors and for that he has to lead oral and documentary evidence. The petitioner examined one Anto on 13-11-1986. The case has been adjourned for further evidence. The deposition of Anto was not read out. It is unknown whether the Tribunal has recorded the entire deposition. It is stated that the Tribunal announced that it is not bound to record the evidence of the witnesses and get them signed by them. The award of the Tribunal is appealable R.145 and 146 of the Kerala Civil Rules of Practice enjoin the manner in which the deposition should be recorded and















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