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2017 Supreme(Ker) 1428

C.K.ABDUL REHIM, K.P.JYOTHINDRANATH
Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Kunhami W/o. Pocker – Respondent


Advocates Appeared:
For the Petitioner: Adv. Sri. George Cherian (Sr.)
For the Respondents: Adv. Sri. Zubair Pulikkool, Adv. Sri. P. Abraham Cherian

JUDGMENT :

Abdul Rehim, J.

1. This appeal is instituted at the instance of the respondent/insurance company against the award in O.P(M.V.)No.518/2009 of the Motor Accidents Claims Tribunal, Vadakara. The limited challenge is against the direction issued by the Tribunal to the appellant to make payment of the amount of compensation and to recover it from the 1st respondent therein.

2. Brief history of the case is that, a person named Pocker died in a motor vehicle accident, which occurred on 6.4.2009. The person died while riding a bicycle was knocked down by a bus, allegedly due to the rash and negligent driving and over speed on the part of its driver, the 5th respondent herein, who was the 2nd respondent before the Tribunal. The 1st respondent before the Tribunal, who is the 4th respondent in the above appeal, was the registered owner of the vehicle. The appellant herein, who was the 3rd respondent before the Tribunal was the insurer of the vehicle. The dependents of the deceased (respondents 1 to 3 herein) filed the claim petition impleading the owner, driver and the insurer of the bus in question.

3. Before the Tribunal, the appellant filed a written statement admitting that a poli
















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