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KERALA HIGH COURT
Shoba Annamma Eapen, J.
Raju v. Binu


1. This appeal has been filed by the claimant against the award in OP(MV) No.1349 of 2008 on the files of the Motor Accidents Claims Tribunal, Kottayam, a claim petition filed under S.163A of the Motor Vehicles Act (for short, "the Act"). The respondents herein were the respondents before the tribunal.

2. The case of the appellant / claimant is that on 03.06.2005, while a car bearing Reg.No.KL - G / 3727 steered by the claimant was being towed by another car bearing Reg.No.KL - 3/9818, a bus bearing Reg.No.KL - 7 / AA - 3562 driven by the first respondent in a rash and negligent manner, hit the car steered by the claimant, whereby he sustained grievous injuries. He approached the tribunal claiming a total compensation of Rs.5,00,000/-.

3. Respondents 1 and 2, driver and owner of the offending bus respectively, remained ex parte before the tribunal. The additional fourth respondent, the driver of the car bearing Reg.No.KL - 3/9818 which was towing the car steered by the claimant, filed a written statement, alleging negligence on the part of the claimant. The additional fifth respondent, the previous owner of the car bearing Reg.No.KL - 3/9818, filed a written statement, contending t





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