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2018 Supreme(Online)(KER) 62548

HIGH COURT OF KERALA
K.HARILAL, J
LISSA – Appellant
Versus
JOYAL – Respondent


Advocates:
SRI.MATHEW JOHN (K), SRI.DOMSON J.VATTAKUZHY, SRI.MATHEWS JACOB (SR.), SRI.P.JACOB MATHEW

JUDGMENT

The appellant is the petitioner in O.P.(M.V.) No. 247 of 2011, on the files of Motor Accidents Claims Tribunal, Thodupuzha. The aforesaid Original Petition was filed under Section 166 of the Motor Vehicles Act , claiming compensation for the injuries suffered by him in a road traffic accident.

2. According to the appellant, the accident was caused by the rash and negligent driving of the offending vehicle by the 1st respondent. The 1st respondent was the owner cum driver of the vehicle and the vehicle was insured with the 2nd respondent. The 2nd respondent Insurance Company opposed the said application by disputing the claim under various heads and the cause of accident. After considering the evidence on record, the Tribunal found that the accident was caused by the rash and negligent driving of the vehicle by the 1st respondent and thereby the 1st respondent is liable to give compensation to the appellant and the 2nd respondent is liable to indemnify the 1st respondent.

3. On the aforesaid finding, the Tribunal passed the impugned award granting Rs. 4,01,210/- (Rupees Four Lakhs One Thousand Two Hundred and Ten Only) to the appellant. Aggrieved by the inadequancy of the q

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