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2022 Supreme(Ker) 992

ZIYAD RAHMAN A. A.
Reliance General Insurance Company Limited – Appellant
Versus
Annamma Raju @ Bincy W/o Rajumon – Respondent


Advocates:
Advocate Appeared:
For the Appellants : George Cherian, Latha Susan Cherian, K.S. Santhi.
For the Respondents: Thomas Abraham Nilackappillil, A.N. Santhosh.

JUDGMENT :

1. Both these appeals arose from the award passed by the Motor Accidents Claims Tribunal, Pala, in O.P. (MV) No. 345/2014. M.A.C.A. No. 2585/2016 is filed by the 3rd respondent/Insurance Company challenging the said award, mainly on the ground that they are not liable to pay the compensation in view of the fact that, at the time when the accident occurred, the vehicle stood transferred from the insured and such transfer was not intimated to them within the period contemplated under section 157(2) of the Motor Vehicles Act, 1988 and also as per the terms and conditions of the policy.

2. M.A.C.A. No. 2554/2017 was filed by petitioners 1 to 5 in the said claim petition seeking enhancement of compensation. In this judgment, the parties are referred to, in the sequence as mentioned in the claim petition, for convenience.

3. The brief facts of the case are as follows:

    The claim petition was filed by petitioners 1 to 5 who are respondents 1 to 5 in MACA No. 2585/2016, seeking compensation for the death of one Rajumon, who died in a motor accident that occurred on 24.11.2013. At the relevant time, the deceased was travelling as a pillion rider on the motorcycle bearing Registration

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