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2016 Supreme(Ker) 848

C.T.RAVIKUMAR, MARY JOSEPH
K. P. Abdul Gafoor – Appellant
Versus
New India Assurance Company Ltd. – Respondent


Advocates Appeared:
For the Appellant :K.A. Salil Narayanan, Advocate
For the Respondent:A.A. Ziyad Rehman, Advocate

JUDGMENT :

Ravi kumar, J.

This appeal is directed against the judgment and award dated 17.5.2010 in O.P.(MV) No.1690/2004 of the Motor Accidents Claims Tribunal, Kozhikode. The appellant, who is the owner-cum-rider of the offending vehicle-motor cycle bearing Reg.No.KL-18-3952, was the first respondent and the respondent herein was the second respondent, before the Tribunal. The claimant therein viz., K.K.Muhammed Rafi was a minor aged 14 years on the day of the accident and he, now became sui juris. He was a pedestrian. He was knocked down by the offending vehicle on 1.6.2004 at about 9.30 a.m. and on sustaining injuries, he was taken to Baby Memorial Hospital, Kozhikode. The injuries sustained in the said accident resulted in permanent disability and hence, he moved O.P.(MV) No.1690/2004 seeking compensation under Section 166 of the Motor Vehicles Act (for short 'the Act'). Obviously, after appreciating the evidence on record and the rival contentions, as per the impugned award, the Tribunal granted Rs.1,84,120/- as compensation with interest at the rate of 7% per annum from 14.9.2004 till realisation. The Tribunal arrived at the finding that the accident occurred due to the neglig
















































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