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2024 Supreme(Online)(KER) 40520

HIGH COURT OF KERALA
SYAM KUMAR V.M., J
NOUSHAD – Appellant
Versus
THE MANAGING PARTNER – Respondent


Advocates:
SRI.SAJAN VARGHEESE K., SRI.LIJU. M.P, SRI.SAJEEV KUMAR K.GOPAL MATHEWS JACOB (SR.), JACOB MATHEW P.

JUDGMENT

Dated this the 21st day of October, 2024 This appeal is filed challenging the Award dated 06.03.2018 in O.P.(M.V.) No.282/2014 of the Motor Accidents Claims Tribunal, Palakkad. Appellant was the petitioner in the said O.P.(M.V.). He filed the same seeking to recover Rs.5,80,000/- towards damages occasioned to his property in a motor accident.

Brief facts :

2. On 23.03.2013, at around 6.15 A.M., a bus bearing Reg.

No.KL-11/R-5851 rammed into the shop cum residential house of the appellant. The same occurred allegedly due to the rash and negligent driving of the bus by the 2nd respondent. The incident caused serious damages to the shop room portion of the building and to some objects stored therein. The appellant contends that the total monetary loss suffered by him came to Rs.5,80,000/-. He filed the above O.P.(M.V.) before the Motor Accidents Claims Tribunal, Palakkad, seeking to recover the said amount along with interest and cost. The owner of the bus, its driver as well as its insurer were arrayed in the said O.P.(M.V.)

as the 1st, 2nd, and 3rd respondents respectively.

Proceedings before the Tribunal :

3. Pursuant to the notice issued by the Tribunal, the 3rd respondent (insu

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