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2011 Supreme(Ker) 558

A.K.BASHEER, P.Q.BARKATH ALI
New India Assurance Company Ltd. , Represented by its Administrative Officer – Appellant
Versus
M. Ayisha – Respondent


Advocates:
Advocate Appeared:
For the Appellant:KKM. Sherif, Advocate.
For the Respondents:Jacob Abraham, Advocate.

JUDGMENT :-

Basheer, J. –

A short, but very interesting legal question has cropped up in these two appeals filed by the insurer of a vehicle, which was involved in a road traffic accident.

2. An unfortunate father who is respondent No.4 in these two appeals was driving a jeep with his two minor sons. The jeep happened to capsize. While the unfortunate father escaped, his two sons died in the mishap. The mother and siblings of the two victims instituted two claim petitions before the Motor Accidents Claims Tribunal seeking compensation from the owner, driver and insurer of the vehicle. As has been mentioned earlier, the driver happened to be the father of the two victims.

3. The Tribunal after considering the documentary evidence available on record passed the impugned awards holding that the Insurance Company is liable to indemnify the owner of the vehicle and pay compensation to the claimants. These two awards are under challenge in these appeals.

4. The legal question that has been raised by the appellant Insurance Company is rather novel. It is contended by the appellant that the father of the two victims being the tort feasor himself, and he also being one of the legal repres















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