IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SHIBU.K.J – Appellant
Versus
NABEESA BEEVI – Respondent
| Table of Content |
|---|
| 1. appeals filed against the tribunal decision due to accident injuries. (Para 1 , 2) |
| 2. tribunal dismissed claims based on perceived lack of a driving license. (Para 3 , 4) |
| 3. court found insufficient evidence for negligence assessment. (Para 5 , 6) |
| 4. court remands the case for fresh consideration and hearing. (Para 7) |
JUDGMENT
These appeals are filed by the claimants in O.P (MV)
Nos. 2050 and 2051 of 2006 on the file of the Motor Accidents Claims Tribunal, Ernakulam, against the dismissal of the award passed by the tribunal. The respondents herein are the respondents before the tribunal.
2. The facts of the case are as follows: On
28.06.2006, while the claimants were travelling on a motorcycle bearing Reg.No.KL-4 V-6078, an autorikshaw bearing Reg.No.KL-7/BC 7249 driven by the 2nd respondent in a rash and negligent manner hit against the motorcycle. Thus both the claimants who were rider and pillion rider, sustained injuries.
3. The 1st, 2nd and 3rd respondents were the owner, driver and insurer of the offending vehicle respectively. The first and second respondents remained ex parte before the tribunal. The third respondent filed a written statement admitting the accide
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.