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1982 Supreme(Ker) 159

P.SUBRAMONIAN POTI, GEORGE VADAKKEL
National Insurance co. Ltd. – Appellant
Versus
Rajan – Respondent


Judgment :-

1. This appeal is from a suit for compensation in respect of an accident involving bodily injury to the plaintiff. The accident arose out of the use of motor vehicle, a lorry with registration number K L.D. 4282, at a place called Thalayi. The accident was on 15-11-1973. At the time of the accident the Plaintiff was sitting on a bicycle on the road-side far removed from tarred-portion resting his feet on the ground. While so the lorry hit him and he was knocked down. His right mandible was fractured and he lost a number of teeth. He underwent treatment in the Medical College Hospital, Calicut from 15-11-1973 to 4-12-1973. He claimed compensation to the tune of Rs. 12.000/- against the driver of the lorry, the 1st defendant, its owner, the 2nd defendant and the National Insurance Company, the 3rd defendant who is the appellant before us. The lower court decreed the suit for Rs. 4250/- against all the defendants. The Insurance Company disputes its liability for compensation, and that is the only question that falls to be decided here.

2. There is no dispute that the vehicle originally belonged to one C. K. Kunhahamad who is not a party to the suit. It was he who insured th














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