KERALA HIGH COURT
Sri.P.P.Jacob, J
Prasad v. N. P. Gopi
| Table of Content |
|---|
| 1. appeals concerning a common award from an accident tribunal. (Para 1 , 2) |
| 2. arguments about policy conditions and negligence. (Para 3) |
| 3. court's interpretation of negligence and policy breaches. (Para 4 , 5) |
| 4. court's final ruling on appeals and insurance liability. (Para 6) |
1. The above appeals are carried from a common award passed by the Motor Accident Claims Tribunal, Muvattupuzha in O.P.(M.V).No.1717/2003 and O.P. (M.V).No.1719/2003. M.A.C.A.No.509/2009 is directed against the award in O.P.(M.V).No.1717/2003 and M.A.C.A.No.551/2009, against O.P.(M.V).No.1719/2003. Both these appeals are preferred by the registered owner and the defacto owner in the O.Ps above referred. The common ground of attack is that the Tribunal, having found the compensation amount payable to the claimants, have permitted the same to be recovered from the registered owner, defacto owner and the driver of the offending vehicle, a motor cycle, only for the reason that three persons were travelling in the motor vehicle.
2. Heard Sri.P.P.Jacob, learned counsel for the appellants in both the appeals, Sri.Rajan Kalliyath who appears for the contesting respondents / insurance company in M.A.C.A
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