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2016 Supreme(Online)(Ker) 25111

KERALA HIGH COURT
*P. R. Ramachandra Menon, K. Harilal, JJ.
Sasikumar v. P. K. Mohammed Ali and Others


Table of Content
1. circumstances surrounding the accident and injuries. (Para 1 , 2 , 6)
2. disputed ownership and insurance policy liability. (Para 3 , 4 , 5)
3. insurer's obligations based on statutory compliance. (Para 7 , 8)
4. previous case law on passenger coverage in goods vehicles. (Para 9 , 10)
5. the legal principle regarding absence of permits. (Para 14 , 19)
6. the enhancement of compensation based on injuries and other factors. (Para 15 , 16 , 21)

1. The appeal arises from the award passed by the MACT, Thrissur in OP (MV) No. 1545 of 2001 granting compensation in respect of the injuries sustained by the appellant in a road traffic accident. The grievance is that the amount awarded by the Tribunal is abysmally on the lower side and hence is sought to be enhanced, based on the grounds raised in the appeal.

2. The accident occurred on 01/04/2001, when an autorickshaw bearing No. KL.8 - M / 3049 (Goods Autorickshaw) in which the appellant was travelling, allegedly accompanying the goods, overturned causing serious injuries to him. In fact, one more person was travelling in the said vehicle and he also sustained injuries. The appellant filed OP (MV) No. 1545 of 2001, whereas the o























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