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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SUBIN JACOB – Appellant
Versus
OMANA RAVI – Respondent
| Table of Content |
|---|
| 1. factual background outlines an accident involving claimants and the claimed compensation. (Para 1 , 2 , 3) |
| 2. issues of liability and permit validity raised by both parties. (Para 4 , 5 , 6) |
| 3. agreement for remand and reassessment of responsibility in compensation. (Para 7) |
| 4. remand for additional evidence submission to resolve liability. (Para 8) |
JUDGMENT
These appeals are filed by the 2nd respondent/owner in O.P.
(MV) Nos. 294 of 2020, 2059 of 2019 and 1422 of 2021 on the file of the Motor Accidents Claims Tribunal, Perumbavoor, challenging the award directing the insurance company to pay the amount and recover the award amount from the appellant/2nd respondent, the owner. The respondents herein are the claimants and respondents 1 and 3 before the tribunal.
2. Brief facts of the case is as follows :- On 26.06.2017 at about 05.30 am, while the claimants were travelling as passengers in the bus bearing registration No.KL-06-H-1204 driven by the 1strespondent in a rash and negligent manner hit on the electric post and the tree standing by the side of the road and thereby sustained serious injuries. The claimants approached the tribunal claiming a total compensation of
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