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2023 Supreme(Online)(KER) 7001

HIGH COURT OF KERALA
Devan Ramachandran, J
SATHEESH KUMAR
– Appellant
Versus

KRISHNAKUMAR – Respondent


Advocates:
V.A.JOHNSON (VARIKKAPPALLIL), ABDUL RASHEED K, DEEPA SASIDHARAN(K/000119/2018)

JUDGMENT

The owner of a vehicle, found to be offending one in a road accident which happened on 22.12.2017, is the appellant before this Court.

2. Sri.V.A.Johnson – learned counsel for the appellant, argued that the impugned Award of the Motor Accidents Claims Tribunal, Palakkad (the 'Tribunal' for short), in OP(MV)No.1551/2018, is incorrect and illegal because it has been issued without affording any opportunity to his client and after having declared him ex-parte. He, however, conceded, to a pointed question from this Court, that the learned Tribunal has already rejected his client's application to set aside the ex-parte Award, namely, IA No.2770/2020, finding the averments in the affidavit filed in support of the same to be unworthy of credence. He nevertheless argued that, since the entire responsibility has been cast upon his client, though the offending vehicle has a valid insurance policy, necessary latitude must be shown to him, so that he gets an opportunity to prove both, that there was no negligence on the part of the driver; and in the alternative, that the offending vehicle is covered by a valid insurance policy.

3. Sri.K.I.Abdul Rasheed – learned counsel appearing for th

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