IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
BHUVANACHANDRAN.P., SINDHU.S., AISWARYA.S. – Appellant
Versus
THE PERMANENT LOK ADALAT FOR PUBLIC UTILITY SERVICES, THE NEW INDIA ASSURANCE CO. LTD – Respondent
JUDGMENT
The petitioners, the legal representatives of late Adarsh, challenge Ext.P4 award dated 7.11.2022, passed by the Permanent Lok Adalat, whereby their claim for compensation under the personal accident cover attached to the policy was rejected on the ground that the certificate of insurance continued to stand in the name of the previous owner even at the time of the accident.
2. It is submitted that the deceased Adarsh had purchased the motorcycle bearing Registration No.KL-21-H-6280 from its prior owner, Sri.Sudheesh Kumar, in May 2021. The registration certificate was duly transferred to the name of the deceased on 13.05.2021, several months before the accident which occurred on 12.11.2021. Ext.P3 Certificate of Insurance issued by the 2nd respondent stood in the name of the previous owner of the vehicle, and the personal accident cover of Rs.15 lakhs under the policy remained in force at the time of the deceased’s accident. The petitioners staked a claim for the amount, and as there was no reply from the 2nd respondent, they approached the 1st respondent by filing Ext. P1.
3. The Permanent Lok Adalat, while rejecting the claim through Ext.P4 award, held that since the insu
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