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2014 Supreme(Ker) 10

S.S.SATHEESACHANDRAN
M. V. Santhosh – Appellant
Versus
P. C. Binu – Respondent


Advocates Appeared:
For the Appellant:Celine Joseph, Advocate.
For the Respondents:John Joseph Vettikad, R2, Raji T. Bhaskar, Advocates.

Judgment :

1. Second respondent in O.P.(MV).No.376 of 2008 of Motor Accidents Claims Tribunal, Kalpetta, is the appellant. He was proceeded against as the owner of an autorickshaw bearing registration No.KL 11H/2406, with the driver and insurer of that vehicle, in the above claim for compensation moved by the pillion rider of a bike who sustained injuries in the accident occurred involving the two vehicles - autorickshaw and bike. That application (O.P.(MV).No.376 of 2008) was jointly considered with another claim moved by the rider of bike, who too sustained injuries. A common award was passed by the Tribunal, by which, the 2nd respondent - insurer of the autorickshaw - was directed to pay the compensation adjudged and awarded. On review petition filed by the insurer stating that no finding had been entered by Tribunal over its challenge that the driver of autorickshaw had no valid driving licence, and, thus, there was breach of policy condition by the insured enabling insurer to an order for recovery on payment of compensation, the Tribunal reviewed its previous award to provide recovery right to insurer on payment of compensation. Appeal is filed impeaching the correctness and le











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