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2022 Supreme(Online)(KER) 32946

MANAGING DIRECTOR, KSRTC – Appellant
Versus
MOHAMMED SHAIK T – Respondent


Advocates:
['SRI BABU JOSEPH KURUVATHAZHA', 'SC', 'KSRTC', '', 'ALEX ANTONY SEBASTIAN P A', 'SRI P VENUGOPAL']

J U D G M E N T

This is an appeal arises out of award dated 24.08.2009 in O.P(MV).No.902/2005 on the file of the Motor Accidents Claims Tribunal, Manjeri.

2. This appeal is at the instance of the 2nd respondent before the Tribunal and the sole respondent herein is the original claimant before the Tribunal.

3. Heard the learned counsel for the appellant as well as the learned counsel for the respondent/claimant.

4. The short facts: It is alleged by the claimant that he sustained injury pursuant to a motor traffic accident occurred on 21.12.2003 at about 14.50 p.m while he was travelling on a motorcycle from Makkaraparamba to Malappuram. According to the learned counsel for the claimant, a pick up van proceeded in front of the motorcycle hit against the motorcycle of the claimant and in turn the KSRTC bus bearing Reg.No.KL15/2834 driven by the 1st respondent in the O.P in a rash and negligent manner ran over the left leg of the claimant and he sustained serious injuries. Accordingly, the claimant claimed compensation to the tune of Rs.1,50,000/- from respondents 1 and 2.

5. Respondents 1 and 2 filed joint written statement disputing the accident and negligence on the part of the 1st resp

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