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2020 Supreme(Ker) 735

S. MANIKUMAR, SHAJI P. CHALY
Prasobh B. S/o Raman – Appellant
Versus
New India Assurance Company Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. P. Jayaram.
For the Respondents: Sri. A.A. Ziyad Rahman, Sri. Premchand M.

JUDGMENT :

S. MANIKUMAR, J.

1. Instant writ appeal is filed by the appellant/writ petitioner challenging the judgment dated 12.12.2019 in W.P. (C) No. 3025 of 2019, by which a learned single Judge of this Court dismissed the writ petition holding that, in the absence of any vitiating element, writ court cannot interfere with the award passed by the Lok Adalath.

2. Short facts leading to the filing of this appeal are that the appellant/writ petitioner was the injured/claimant in O.P. (MV) No. 6 of 2015, on the file of Motor Accidents Claims Tribunal, Ottapalam. The accident occurred on 6.9.2014 around 11.30 a.m., at Koonathara. While he was travelling as a pillion rider, in a motorcycle bearing registration No. KL-51 E-2359 from Kulappully to Koonathara, a car bearing registration No. KL-51 A-7227, driven by the 1st respondent in the abovesaid O.P. (MV) No. 6 of 2015, came from the opposite direction, dashed against the motorcycle, driven by appellant’s friend named Sajeesh. Both, the rider of the motorcycle Sajeesh and the appellant, were thrown off from the motorcycle and sustained serious injuries. According to the appellant, the accident occurred due to the rash and negligent drivi

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