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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.M.MANOJ, J
JINU NANDANAN – Appellant
Versus
REVATHY LIJO – Respondent
| Table of Content |
|---|
| 1. liability for compensation under mv act. (Para 1 , 2 , 3) |
| 2. insurer's argument regarding liability and breach of policy. (Para 4 , 5) |
| 3. tribunal's decision based on autopsy and compensation under mv act. (Para 6 , 7) |
| 4. court's ruling on liability and statutory provisions. (Para 8 , 9) |
| 5. final conclusion setting aside incorrect tribunal liability. (Para 10 , 12) |
JUDGMENT
The present appeal is preferred by the additional 4th respondent in OP(MV) No. 416/2012, which was filed under Section 163A of the Motor Vehicles Act, 1988 (for short ‘the MV Act’) before the MACT, Pathanamthitta. The appeal is grounded on the statutory provision of , which specifies that the owner of the motor vehicle or the authorized insurer shall be liable to pay compensation in cases of death or permanent disablement arising out of the use of a motor vehicle.
2. The short facts of the case are as follows; The original petition was filed by the wife, minor daughter, mother, and father of the late Lijo Chacko, who was employed as a driver. At the time of the incident, the deceased was 24 years old and earned a monthly income of Rs. 3,300/-. On 24.09.2011, while he was riding a motorcycle bearin
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