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2022 Supreme(Online)(KER) 62931

HIGH COURT OF KERALA
AMIT RAWAL, J
JOJU
– Appellant
Versus

LAZAR – Respondent


Advocates:
A.R.NIMOD M.A.AUGUSTINE

JUDGMENT

O.P.(MAC) Nos.121 and 123 of 2022 have been filed challenging the award passed on 27.09.2017 in O.P.(M.V)No.1968 of 2008 and O.P.(MV) No.1973 of 2008 in respect of an accident occurred on 15.08.2008 at 10.30 P.M. The claimants who were travelling as passengers in a car bearing registration No.KL-46/B- 91 sustained injuries on account of having met with an accident with a lorry bearing registration No.KL-7/P-3094 driven by the first respondent and owned by the petitioner. Before the Motor Accidents Claims Tribunal, neither the owner or the driver despite having received the notice, contested the petition which resulted into an award determining the compensation by ordering the insurance company to discharge the liability of the award and thereafter seek recovery under the revenue recovery proceedings. In those proceedings, the petitioner came to know about the aforementioned award and accordingly filed a review application, application for setting aside the ex-parte award as well as for interim stay.

2. Learned counsel appearing on behalf of the petitioner submits that the petitioner was confident that the liability would be of the Insurance Company as the driving licence hel

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