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2021 Supreme(Online)(KER) 21193

HIGH COURT OF KERALA
K.PRAKASH – Appellant
Versus
K.MOHANAN – Respondent


Advocates:
['SRI M V THAMBAN', '', 'SRI B BIPIN', 'SRI R REJI', 'SMT THARA THAMBAN', 'SRI VPK PANICKER']

JUDGMENT

The appellant is the petitioner in O.P.(M.V.) No. 1531/2002 on the file of the Motor Accidents Claims Tribunal, Mavelikkara. It is a claim petition filed under Sec.166 of the Motor Vehicles Act (hereinafter parties are mentioned in accordance to their rank before the Tribunal).

2. The short facts are like this :

On 19.12.2002, the petitioner, who was the pillion rider in a motor cycle bearing registration No.KL-4H 2515, while travelling through Chirackal-Pathiyara road, met with an accident. It is alleged that the 1st respondent, the motor cycle rider, driven the motor cycle in a rash and negligent manner and thereby, the petitioner fell down and sustained injuries. The petitioner claimed an amount of Rs.2,00,000/- as compensation from respondent Nos.1 to 3, who are the owner, driver and insurer.

3. The 3rd respondent-Insurance Company filed a detailed written statement. According to the 3rd respondent, the claim petition is filed with false allegations. According to the 3rd respondent, petitioner is a tortfeasor, and he is not entitled for any compensation.

The Insurance Company also contended that the petitioner influenced the Police and managed to frame a false case by impl

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