Managing Director Kerala State Road Transport Corporation v. George

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Online)(Ker) 44673

KERALA HIGH COURT
A.M. Shaffique, J
Managing Director Kerala State Road Transport Corporation v. George

Advocates:
For the Appellants/Petitioners: Sri Alex Antony
For the Respondents: Sri Thomas Mathew Nellimoottil

Table of Content
1. background of the case and compensation claim. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. legal question regarding the sustainability of the tribunal's direction. (Para 7 , 8)
3. clarification of technical vs fundamental breach in insurance. (Para 9 , 10)
4. outcome of the appeal and ruling. (Para 11)

1. The appellant was the second respondent in OP(MV) No. 117/2014 on the file of the Motor Accidents Claims Tribunal, Pala. The respondents in the appeal were the petitioner and respondents 1 and 3 before the Tribunal.

2. The first respondent had filed the claim petition under S.166 of the Motor Vehicles Act , 1988, seeking compensation on account of the injuries that he sustained in an accident on 29.06.2013. It was his case that, while the he was travelling on a motorcycle bearing registration No. KL - 35 / C - 2535, when he reached a place called Puthenkavu, Thripunithura, a bus bearing Registration No. KL - 15/9769(bus), driven by the second respondent, owned by the appellant and insured with the third respondent, hit the motorcycle. The first respondent sustained serious injuries and he claimed compensation from the respondents.

3. The respondents 1 and 2 had filed a joint wr

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