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2009 Supreme(Ker) 1170

P.R.RAMAN, P.R.RAMACHANDRA MENON
Aboobaker – Appellant
Versus
Mohammed Shaffin – Respondent


Advocates Appeared:
For the Appellant : A. Jayasankar and Preetha
For the Respondents: Siraj Karoly

JUDGMENT :

P.R. Raman, J.

This appeal is filed challenging the award dated 30.11.2006 passed by the M.A.C.T., Ottappalam in O.P. (MV) No. 418 of 2004. The Appellants are the claimants before the Tribunal, who are the legal representatives of the deceased Rasheed alias Hamza, who sustained injuries in a motor accident and subsequently died. The accident occurred on 4.11.2002 at about 9.50 p.m. while the deceased was driving the motor cycle bearing No. KRO 6064. He was proceeding from Aluva to Chengamanad. The accident occurred when the motor cycle skidded on the road and capsized, causing serious injuries to the deceased. Mohammed Shaffin, Respondent No. 1, was impleaded as the owner of the motor cycle and the Respondent No. 2 was impleaded as insurer of the motor cycle. The Appellants-claimants have claimed a sum of Rs. 5,00,000 towards compensation. The claim petition was filed u/s 163-A of the Motor Vehicles Act. The deceased was stated as an employee of a hotel belonging to Respondent No. 1.

2. The Respondent No. 1 in his counter-affidavit denied the employer-employee relationship between him and the deceased. According to him, the deceased was not employed in the 'Royal Fast Food'














































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