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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD – Appellant
Versus
ABDUL RASHEED – Respondent
| Table of Content |
|---|
| 1. the facts surrounding the accident and claims made by the deceased's heirs. (Para 1 , 2 , 3) |
| 2. the arguments presented by the insurance company regarding liability. (Para 4) |
| 3. court's reliance on prior judgment affecting the liability determination. (Para 5) |
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
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