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2024 Supreme(Ker) 490

SYAM KUMAR V. M.
National Insurance Company Limited – Appellant
Versus
Shakeela D/o Axubi – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mathews Jacob, P. Jacob Mathew.

JUDGMENT :

1. This appeal is filed by the Insurance Company challenging the Award dated 22.03.2014 in O.P. (M.V.) No. 468 of 2011 of the II Addl. Motor Accidents Claims Tribunal, Kasaragod (hereinafter referred to as the “Tribunal”). The appellant was the 3rd respondent and the respondent was the claimant before the Tribunal.

2. Facts in brief:

    On 09.04.2009, a Ford Escort car bearing registration No. KA-03-Z-1727 owned by the respondent which was parked on the side of the National Highway Near Ganesh Carriage, Kumbla, was hit by an Alto car bearing registration No. KL-60/6202. The appellant was the insurer of the said Alto car. It is alleged that the driver of the Alto car was driving the same in a rash and negligent manner, thus causing it to hit on to the rear side of the Ford Escort Car. Since damage had occasioned to her car, respondent/claimant carried out repairs to the same and filed O.P. (M.V.) seeking to recover an amount of Rs. 1,07,000/- with interest.

3. Proceedings before the Tribunal:

    In the O.P. (M.V.) though the driver of the Alto car was arrayed as the 1st respondent, the respondent herein failed to take due steps for issuance of notice against the driver. Hence the pe

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