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2012 Supreme(Online)(Ker) 38211

KERALA HIGH COURT
, J
Francis @ Baby M. V. and Another v. C. K. Indira and Others


Advocates:
For the Appellants/Petitioners: Mr. Jawahar Jose
For the Respondents: Mr. Jamal, Mr. Mohammed Usman

Table of Content
1. role of negligence in assigning liability in traffic accidents. (Para 1 , 3 , 4)
2. control over the vehicle during a police seizure. (Para 8 , 9)
3. vicarious liability applies due to police control. (Para 10)
4. insurance liability limitations based on policy endorsements. (Para 12 , 13 , 14)

1. The driver and the registered owner of a jeep involved in a road traffic accident occurred on 05/05/1987 are before us in appeal.

2. Though this Court by judgment dated 18th July, 2011 had modified the impugned award, the said judgment was recalled after condoning the delay as per order dated 11th April, 2012 on RP Nos. 698 of 2011 and 365 of 2012 filed at the instance of the 6th respondent Insurance Company. Thus, the matter has come up before us for fresh consideration.

3. The facts in brief are as follows:
The jeep belonging to the 2nd appellant which appears to have been involved in a crime relating to the carriage of cashew nut (it was an offence as per the then existing law) was seized along with the contraband articles by the police on 30/04/1987. It had to be produced before the Revenue Divisional Officer under the relevant law. As the seized vehicle and the articles c












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