P.R.RAMACHANDRA MENON, ANIL K.NARENDRAN
Khadeeja – Appellant
Versus
Rushdi – Respondent
Anil K. Narendran, J.
The appellants are the claimants in O.P.(MV)No. 1599 of 2013 on the file of the Principal Motor Accident Claims Tribunal, Kozhikode, an application filed under Sections 140 and 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') claiming compensation on account of the death of one Abdul Gafoor (husband of the 1st appellant, father of 2nd and 3rd appellants and son of the 4th appellant) in a motor accident which occurred on 18.4.2013, while he was riding a motor cycle bearing No.KL-57/A-3161 along Thamarassery-Kozhikode Road. The motor cycle was owned by the 1st respondent and insured by the 2nd respondent. When the motor cycle reached the place of accident, a dog jumped in front of it. The deceased lost control of the motor cycle and it capsized, resulting serious injuries to him, who succumbed to injuries at Medical College Hospital, Kozhikode. Claiming a total compensation of 2,94,000/- from the owner and insurer of the motor cycle, claim petition was filed before the Tribunal.
2. Before the Tribunal, the 1st respondent owner was set ex parte. The 2nd respondent insurer filed written statement contending that, the policy issued
Oriental Insurance Co. Ltd. v. Joseph V.V. @ Johny (2012 (2) KLT 132)
Oriental Insurance Company Ltd. v. Rajni Devi (2008 (5) SCC 736)
Oriental Insurance Co. Ltd. v. Sudhakaran K.V. (2008 (7) SCC 428)
Oriental Insurance Co. Ltd. v. Jhuma Saha (2007 (9) SCC 263)
Oriental Insurance Co. Ltd. v. Sunitha Rathi (1998 (1) SCC 365)
New India Assurance Co. Ltd. v. Rajiv (2016 (1) KHC 327)
New India Assurance Company Ltd. v. Sadanand Mukhi (2009 (2) SCC 417)
National Insurance Company Ltd. v. V. Malathi C. Salian (2003 (3) KLT 460)
National Insurance Company Ltd. v. Sinitha (2012 (2) SCC 356)
National Insurance Co. Ltd. v. Sasilatha (1999 (3) KLT 519)
Ningamma v. United India Insurance Co. Ltd. (2009 (13) SCC 710)
Dhanraj v. New India Assurance Co. Ltd. (2004 (8) SCC 553)
Deepal Girishbhai Soni v. United India Insurance Company Ltd. (2004 (5) SCC 385)
Appaji v. M. Krishna (2004 ACJ 1289)
Yallwwa v. National Insurance Co. Ltd. (2007 (6) SCC 657)
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.