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2024 Supreme(Online)(KER) 17787

HIGH COURT OF KERALA
Ziyad Rahman A. A, J
M.V.RATNAKARAN – Appellant
Versus
M.KANDA SWAMY – Respondent


JUDGMENT

This appeal is submitted by the claimant in O.P.(M.V.)

No.4083/2003 on the files of the Motor Accidents Claims Tribunal, Thrissur. The said claim petition was submitted by him seeking compensation for the damages sustained to his motorcar bearing Registration No.KL9/B 9005. The said car met with an accident on 14.01.2003, when a lorry bearing Registration No.TN 27/U 1129 driven by the 2nd respondent hit against the said vehicle. Consequent to the same, the car sustained serious damages. The 1st respondent was the owner and the 3rd respondent was the insurer of the said vehicle. The claim petition was submitted in such circumstances.

2. The 3rd respondent filed a written statement admitting the policy in respect of the lorry. However, they disputed the liability on various grounds. It was also contended that the driver of the lorry was not having driving license at the time of the accident.

3. To substantiate the contentions Exts. A1 to A8 were marked from the side of the appellant and Ext.B1 was marked from the side of the respondents. After appreciating the materials, the Tribunal found that the primary responsibility was upon the driver of the lorry and the appellant had al

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