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2023 Supreme(Online)(KER) 1969

HIGH COURT OF KERALA
MARY JOSEPH, J
VINEETH – Appellant
Versus
MATHAYI – Respondent


Advocates:
Sri. Johnson Jose Panjikkaran, Sri. T.R. Jerry Sebastian, Sri. Rimju P.H. Raji T. Bhaskar, Sri. P.K. Manojkumar, SC, United India Insurance Company Limited

JUDGMENT

Dated this the 13th day of December, 2023 The appeal on hand is originated from an award passed by Motor Accident Claims Tribunal, Irinjalakuda (for short ‘the Tribunal’) on 31.03.2021 in O.P.(M.V)

No.413/2017.

2. The appellants are the driver and the registered owner of the offending vehicle involved in a motor accident occurred at about 4.30 p.m on 12.12.2016. For the sake of convenience, the parties to this appeal will hereinafter be referred to as the petitioner and respondent Nos.1 to 3 in accordance with their status in the Original Petition.

3. The offending vehicle was a Maruti Omni Van bearing Registration No.KL-08-F-9108, which was driven by the 2nd respondent at the relevant time. The petitioner was driving an autorickshaw bearing Registration No.KL- 08-BD-5971 which was dashed by an Omni Van bearing Registration No.KL-08-F-9108 at Paravattani Centre in Thrissur-Palakkad public road and thereby he sustained serous injuries. He was rushed to Jubilee Mission Hospital, Thrissur and was treated as inpatient. Motor accident was allegedly occurred due to rash and negligent driving of the Omni Van by it’s driver. Arraying the registered owner, the driver and the insurer o

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