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2013 Supreme(Ker) 481

S.SIRI JAGAN, K.RAMAKRISHNAN
Wilson – Appellant
Versus
Vasantha Kumar, Vasantha Bhavan, Karakulam – Respondent


Advocates Appeared:
For the Appellant:S. Prasanth, Jagadeesh Lakshman, Advocates.
For the Respondents:R1, Vinoy Varghese Kallumoottill, R3, George Cherian (Thiruvalla) Advocates.

Judgment :

Ramakrishnan, J.

1. The claimant in OP(MV) No.270/2007 on the files of the Motor Accidents Claims Tribunal, Pala, is the appellant herein. The appellant filed the application for compensation for the injuries and consequential disabilities sustained by him in a motor vehicle accident caused on account of the rash and negligent driving of a vehicle driven by the second respondent (who has been deleted from the party array as per order in IA No.2959/12), owned by the first respondent and insured with the third respondent. The above said case was tried along with a number of other claim petitions arising out of the same accident, jointly and after considering the evidence on record, the Tribunal found that the accident occurred due to the rash and negligent driving of the vehicle by the second respondent and awarded a total compensation of Rs.2,04,560/- under various heads as follows :

The third respondent insurance company contended that the policy was issued on 6.4.2006 and the premium was paid by cheque by the first respondent from the account maintained by the first respondent with his bank namely, M/s.Vijaya Bank dated 5.4.2006 and the same was dishonoured by Ext.B1 in












































































































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