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2016 Supreme(Online)(KER) 1788

HIGH COURT OF KERALA
C.T.RAVIKUMAR, K.P.JYOTHINDRANATH, JJ
UNITED INDIA INSURANCE CO LTD – Appellant
Versus
COLLINS FRANCIS – Respondent


JUDGMENT

Jyothindranath, J.

This appeal is preferred by the Insurance Company against the judgment and award in O.P.(MV)No.1027/1999 on the file of the Motor Accidents Claims Tribunal, Palai.

2. When the appeal came up for hearing, the learned counsel for the appellant submitted before us that a motor vehicle accident occurred on 2.5.1999 involving a motor cycle bearing Reg.No.KL 5 C 6554 and a jeep bearing Reg.No.KLO 3417 at Pattupara Bhagom at Thambalakadu -Attickal road. The appellant is the insurer of the jeep involved. A claim was moved by the rider of the motor cycle alleging negligence on the side of the driver of the jeep as O.P.(MV) No.1027/1999. Compensation was awarded and the appellant/insurer was directed to satisfy the award.

3. The main contention of the insurance company was that the driver of the jeep involved was not having a licence to drive the vehicle at that point of time. The contention of the owner of the vehicle before the Tribunal was that actually the lack of licence was not disputed by the owner of the jeep involved. But his stand was that he was actually entrusted the vehicle to additional respondent No.4 in the proceeding. As such his stand was that there

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