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2026 Supreme(Online)(Ker) 12417

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
THE ORIENTAL INSURANCE CO.LIMITED – Appellant
Versus
K.RAJAN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.VPK.PANICKER
For the Respondents: Not Represented

Table of Content
1. liability of the insurer in accident compensation. (Para 1 , 2 , 3)
2. contestation of insurance coverage validity. (Para 4 , 5)
3. confirmation of lack of valid policy. (Para 6 , 7)
4. court overturning tribunal decision. (Para 8)

JUDGMENT

This appeal is filed by the appellant/3rd respondent in O.P (MV)

No.1236 of 2011 on the file of the Principal Motor Accidents Claims Tribunal, Vatakara, challenging their liability to pay the award amount passed by the tribunal. The respondents herein were the respondents 1 and 2 and the claimant before the tribunal.

2. The brief facts of the case is as follows :-

On 28.11.2009 at about 05.30 pm, while the claimant was riding on a motorcycle, another motorcycle ridden by the 2nd respondent bearing registration No.KL-18A-8467 in a rash and negligent manner hit on the motorcycle ridden by the claimant. As a result of the accident, he had sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹1,77,500/- limited to ₹1,50,000/-.

3. The first respondent/owner and the second respondent/rider of the offending vehicle filed a written statement contending that at the crucial time of the accident the v

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