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2010 Supreme(Ker) 50

R.BASANT, M.C.HARI RANI
V. R. Raveendran – Appellant
Versus
M. Sarojini – Respondent


Advocates Appeared:For the Petitioners:S.V. Balakrishna Iyer (Sr.), Advocate. For the Respondent:V. Chitambaresh, Advocate.
Q

Judgment :-

Basant,J.

The 2nd respondent before the Tribunal who is the owner of a Motor Cycle involved in the accident is the appellant. His vehicle was involved in an accident. At the time of the accident, the 4th respondent was riding the motor cycle and one Ramkumar, the son of the first respondent and brother of respondents 2 and 3 was riding as pillion. In the accident the 4th respondent and the said Ramkumar suffered injuries. Ramkumar succumbed to the injuries suffered by him. Mother and brothers of Ramkumar (hereinafter referred to as the claimants) staked a claim for compensation against the 4th respondent(the rider), the appellant (the owner) and the 5th respondent (the Insurer). An amount of Rs.2,60,000/-was claimed as compensation. Binu, (i.e. the 4th respondent) the alleged rider of the motor cycle took up a contention that, not he, but the deceased was riding the motor cycle at the time of the accident. The appellant/owner took up a contention that the rider of the vehicle was at the relevant time riding the vehicle without his permission or authorisation. According to him, he is employed in the Railways. He had gone for his work on 12-4-1994 after entrusting the vehi













































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