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2016 Supreme(Ker) 734

C.T.RAVIKUMAR, K.P.JYOTHINDRANATH
M. Ahammedkutty Haji S/o. Moideen – Appellant
Versus
Amina, W/o. Late Moosa – Respondent


Advocates Appeared:
For the Petitioner: Sri. K. Ramachandran, Smt. S. Jayasree
For the Respondent: Sri. A.A. Ziyad Rahman, Sri. M. Rajagopalan, Sri. Rajit

JUDGMENT :

Ravikumar, J.

The second respondent in O.P.(MV).No.571 of 1997 on the files of the Motor Accidents Claims Tribunal, Tirur is the appellant herein. This is his second round of litigation. The said claim petition filed under section 166 of the Motor Vehicles Act was originally disposed of by the Tribunal as per judgment and award dated 30.6.2003 granting a compensation of Rs.3,02,500/- with interest @ 9% per annum from the date of the petition till realisation along with a cost of Rs.1,500/-. The 8th respondent-insurance company was directed to pay the amount awarded to the petitioners therein viz., respondents 1 to 6 herein and the insurance company was permitted to recover the amount so paid, from respondent No.7 and the appellant herein, who was the owner of the offending vehicle which is a lorry bearing Reg.No.KL 10-E-4831. Thereupon, the 8th respondent, insurance company, satisfied the award and then, filed E.P.53 of 2004 for recovering the amount paid from the appellant herein. It was in the circumstances that the appellant herein filed M.A.C.A. No.235 of 2004 before this Court on the earlier occasion. This Court disposed of the said appeal as per judgment dated 6.4.20




































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