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2021 Supreme(Ker) 1219

P. V. KUNHIKRISHNAN
K. R. Kuttappan @ Appu (Legal Heir) – Appellant
Versus
Anandakkuttan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. K. M. Varghese
For the Respondent: Philip J.Vettickattu, Sri. Philip J. Vettickattu, Sri. Siby Mathew, M.Jacob Murickan

JUDGMENT :

The appellant is the first respondent in O.P. (M.V.)No.2104/2000 on the file of the Motor Accidents Claims Tribunal, Kottayam. It was a claim petition filed by respondent Nos.5 to 8 herein under Section 166 of the Motor Vehicles Act.

2. The Tribunal after considering the contentions of both parties passed an award in favour of the claimants and directed the 2nd respondent to pay the compensation. Second respondent is allowed to recover the compensation from the first respondent, who is the appellant herein. That right of recovery given to the insurance company was challenged before this Court earlier by the appellant/1st respondent by filing M.A.C.A.No. 1112/2007. That appeal was allowed by this Court as per judgment dated 27.11.2007 and remanded the case to the tribunal for fresh consideration, after giving an opportunity to the parties to adduce further evidence. The relevant portion of the order is extracted hereunder;

    “6. Learned counsel for the appellant submitted that in the light of the fact that the vehicle has already been transferred, the appellant has no liability to satisfy the award. Learned counsel strenuously pleaded for an opportunity before the Tribunal to

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