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2014 Supreme(Ker) 744

THOTTATHIL B.RADHAKRISHNAN, BABU MATHEW P.JOSEPH
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
RAVEENDRAN M. V. MOOZHAYIL HOUSE – Respondent


Advocates Appeared:
BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA)
R1-4 BY ADVS. SRI.SHAJI THOMAS PORKKATTIL, SRI.T.V.VINU

JUDGMENT

Thottathil B. Radhakrishnan, J.

These appeals arise from a common award passed in two claim petitions filed under the Motor Vehicles Act, 1988, for short, the 'Act', following a road traffic accident involving a two wheeler and a stage carriage. The rider and the pillion rider of the two wheeler died. Their legal representatives are awarded compensation. The Tribunal held the driver of the stage carriage negligent and directed the appellant insurance company to satisfy the award and then recover the amount from the owner of the stage carriage.

2. We have heard the learned senior counsel for the appellant and the learned counsel for the respondents in these appeals. The only issue in these appeals is as to whether the Tribunal was justified in directing the appellant insurance company to satisfy the award by treating it as the insurer, though it was given the right to recover from the owner after such payment.

3. The requisite facts for deciding these appeals are that on 26.10.2006, a policy cover note was issued by the appellant company in favour of the owner of the stage carriage towards third party risks. The cheque issued by the owner for the purpose of that policy was dis





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