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2026 Supreme(Online)(Ker) 7419

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD – Appellant
Versus
ABDUL RASHEED – Respondent


Advocates:
For the Appellants/Petitioners: SRI.MATHEWS JACOB (SR.), SHRI.P.JACOB MATHEW

JUDGMENT

This appeal is filed by the insurance company/3rd respondent in O.P (MV) No.1080 of 2014 on the file of the Motor Accidents Claims Tribunal-III, Kozhikode, seeking for a right to recover the amount from the owner of the vehicle. The respondents herein are the respondents 1 and 2 before the tribunal.

2. The facts of the case are as follows :- On 01.05.2014 at about

07.15 pm, while the deceased was going in a bicycle, a jeep bearing registration No.KL-10-D-8374 driven by the 2nd respondent in a rash and negligent manner dashed against the bicycle. As a result of the accident, the deceased had sustained serious injuries and later succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹15,00,000/-.

3. The first respondent/owner and second respondent/driver of the offending vehicle remained ex parte before the tribunal. The 3rd respondent/insurer filed a written statement admitting the validity of the policy but disputing the quantum of compensation claimed. It is further contended that the 2nd respondent was not having a valid driving licence authorising him to drive the transport vehicle and henc

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