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2024 Supreme(Ker) 759

V. G. ARUN
Abbas – Appellant
Versus
N. K. Sabira W/o Late Kochu Mkkar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : A.N. Santhosh, P.N. Sindhu.
For the Respondent: K.I. Abdul Rasheed, Siji K. Paul, K. Shameer Mohammed, S. Jayasree, Ajmal V.A.

JUDGMENT :

V.G. ARUN, J.

1. The appellant was the additional 5th respondent in O.P. (M.V) No. 740 of 2008 filed by respondents 1 to 4, seeking compensation for the death of Noufal, son of the 1st respondent and brother of respondents 2 to 4. The fatal accident occurred on 29.07.2008, when the stage carriage bus bearing registration No. KL-07 AJ 8303 driven in a rash and negligent manner by the th respondent hit against the motorcycle ridden by Noufal. At the time of the accident, Noufal was aged 24 years and was working as a Service Technician in a private company on a monthly salary of Rs.7,500/-. As against the claim for Rs.9,06,500/-(limited to Rs.7,00,000/-) raised by respondents 1 to 4, the Tribunal awarded Rs.8,90,000/-. The insurance policy of the bus not being valid on the date of accident, the 8th respondent insurer was exonerated from the liability of paying the compensation.

2. In the claim petition, respondents 1 to 4 had named the th respondent as the registered owner of the vehicle, the 6th respondent as the previous owner and the 7th respondent as the driver of the stage-carriage. In his written statement before the Tribunal, the 6th respondent took up the stand that he

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