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2010 Supreme(Ker) 684

S.SIRI JAGAN
T. V. Kurian, S/O. Mathai Varkey – Appellant
Versus
United India Insurance Company Ltd. – Respondent


Advocates Appeared:For the Petitioners:Gigimon Issac, George Sebastian, Advocates. For the Respondent:P. Ramakrishnan, Thomas Mathew Nellimoottil, Advocates.

Judgment :

The petitioner was the owner of an autorickshaw. He transferred the same to the 2nd respondent and the registration of the autorickshaw was also transferred in the name of the 2nd respondent with effect from 4.5.1995. On 16.7.1995, the autorickshaw was involved in an accident, in which one Sri. M.K. Raveendran was injured. The said Sri.

M.K. Raveendran filed O.P (MV) No. 33/1996 before the MACT, Muvattupuzha, claiming compensation for the injuries suffered by him in the accident. In that O.P, both the petitioner as well as the 2nd respondent were impleaded as respondents apart from the 1st respondent insurance company with whom the petitioner had insured the vehicle when he was the owner of the vehicle, the period of which insurance spilled over beyond the date of the accident. Neither the petitioner nor the the 2nd respondent took the trouble to intimate the 1st respondent about the transfer of the vehicle. The 2nd respondent did not bother to insure the vehicle against third party risk, although the same was mandatory under the Motor Vehicles Act. In the award, the Tribunal came to the finding that the said Sri. M.K. Raveendran is entitled to compensation for the injuri









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