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2016 Supreme(Ker) 862

C.T.RAVIKUMAR, K.P.JYOTHINDRANATH
Oriental Insurance Company Limited – Appellant
Versus
Saleena – Respondent


Advocates Appeared:
For the Appellant :Sri. Mathews Jacob (Sr.) and Sri. P. Jacob Mathew, Advocates
For the Respondent:Sri. O.D. Sivadas, Advocate

JUDGMENT :

K.P. Jyothindranath, J.

This appeal is preferred against the award dated 30.11.2011 in O.P.(M.V.) No. 494/2008 on the file of the Ist Additional Motor Accidents Claims Tribunal, Kozhikode. The Tribunal allowed the claim. The appellant is the Oriental Insurance Company Limited, who was the third respondent in the claim petition. Aggrieved by the above referred award, the Insurance Company came up with this appeal.

2. The facts relevant for consideration of this appeal is as follows:

The first respondent filed a claim petition before the M.A.C.T., Kozhikode claiming a total compensation of Rs. 2 lakhs. The case of the petitioner therein was that she sustained injuries in an accident occurred on 10.9.2006 while she was travelling in a car which was hit by a jeep bearing registration No. KL-56/1185. The appellant herein is the insurer of the said jeep. In the claim petition, it was alleged that the accident occurred due to the negligence of the driver of the jeep. The further case of the petitioner therein was that she sustained injuries in the accident and was taken to the Medical College Hospital, Kozhikode for treatment. It was also the case of the petitioner that she was pre










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