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2023 Supreme(Online)(KER) 4461

HIGH COURT OF KERALA
AMIT RAWAL, J
SIRAJUDEEN – Appellant
Versus
MANIYAMMA – Respondent


Advocates:
MANU RAMACHANDRAN, M. KIRANLAL, R. RAJESH (VARKALA), T.S. SARATH, SAMEER M. NAIR, SABIKH MOHAMMED, V.S. GEETHU KRISHNAN, HARSHA SUSAN SAM, ARUN.B.VARGHESE, LAL K.JOSEPH, AISWARYA, V.S.VARNA, MANOJ, SUKUMAR

JUDGMENT

This order of mine shall dispose of two (2) original petitions;

O.P(MAC) No.92 of 2021 (Sirajudeen v. Maniyamma and others) and 93 of 2019 (Ramesh Subramanian v. Divisional Manager and others).

2. On 6.11.2011, Sri. Vijayan, unfortunately died in a motor vehicle accident. A claim petition was filed by wife, children and mother. In the aforementioned proceedings, the insurance company of the vehicle belonging to 3rd party as well as the owner and the driver were proceeded as ex-parte. On account of the aforementioned accident, FIR bearing No.706 of 2011 was registered with police station Nedumkandam and Ext.A6 final report was brought on record. On issue No.3, noticing the fact that the vehicle was covered by an insurance policy, the owner and the driver of the vehicle was indemnified, resulting into an award dated

31.12.2016 allowing compensation.

3. Instead of moving an application for setting aside or preferring an appeal, insurance company preferred a review petition on the ground that the report Ext.A6 comprehensively dealt with all the factors and it had come on record that the driver of the offending vehicle did not have a valid and effective licence.

Learned MACT on the

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