HIGH COURT OF KERALA
P. G. Ajithkumar, J
THE ORIENTAL INSURANCE CO.LTD. – Appellant
Versus
ABIN K.BABU (MINOR) – Respondent
JUDGMENT
The captioned cases are six writ petitions and one MACA. All these writ petitions and the MACA are connected and therefore, I am disposing of all these cases by a common judgment.
2. These cases are filed challenging the common award in O.P . (M.V .) Nos. 395,409, 501, 995, 996, 1046 and 1050 of 2004 on the file of the Motor Accidents Claims Tribunal, Pala. All these claim petitions were filed under Sec. 166 of the Motor Vehicles Act by the claimants/injured in a road traffic accident. Hereinafter the respondents are mentioned in accordance to their rank in O.P .(M.V .)
No. 501/2004, which is the subject matter in W .P .(C.) No. 23343/2008.
3. The short facts are like this : The petitioners in these claim petitions sustained injuries in a road traffic accident happened on 29.01.2004 at about 9.50 p.m. at Thidanad. All the petitioners were travelling in a bus bearing registration No. KL- 8/G-6919 through Kan jirappally-Erattupetta road. The driver lost control of the vehicle and it turned turtle. The claimants contended that the accident occurred due to the rash and negligent driving by the 2 nd respondent, who is the driver of t
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