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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M. MANOJ, J
VARGHESE – Appellant
Versus
DENIS P DAVIS – Respondent
| Table of Content |
|---|
| 1. key issues framed by the tribunal concerning liability and compensation. (Para 1) |
| 2. circumstances surrounding the motor accident and initial claims made. (Para 2 , 3) |
| 3. court's observations on evidence and prior decisions related to policy conditions. (Para 5) |
JUDGMENT
The present appeal is preferred against the award in OP(MV) No.
830 of 2015 of the MACT, Irinjalakuda. The appeal contests the finding that the liability to pay the compensation was fixed on the 3rd respondent, with a subsequent right to recover said amount from the appellant (the owner of tipper lorry Reg. No. KL-52A-8843) due to an alleged violation of policy conditions.
2. The facts of the case are as follows: While the 1st respondent was riding a motorcycle (Reg. No. KL-45K-2804) along the Potta- Irinjalakuda Public Road, a tipper lorry (Reg. No. KL-52A-8843) driven by the appellant approached from west-to-east direction, allegedly drove in a rash and negligent manner, hitting the motorcycle and causing the 1st respondent to sustain injuries.
3. The appellant was both the driver and the owner of the vehicle, which was insured by the 3rd respondent at the material time.
The 1st respondent sought a t
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