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2010 Supreme(Online)(KER) 34337

HIGH COURT OF KERALA
M.N.KRISHNAN, J
UNITED INDIA INSURANCE COMPANY LTD. – Appellant
Versus
SREEKUMAR & ANOTHER – Respondent


Advocates:
SMT.RAJI T.BHASKAR

J U D G M E N T

This appeal is preferred against the order of the Claims Tribunal, Neyyattinkara in O.P.(MV)No.1035/2003. An interesting question that arises for determination is whether the claimant is entitled to get the compensation. The reason attributed by the insurance company is to the effect that the claimant was the owner of the vehicle on the date of the accident and being an owner, he is not liable to be covered by any policy and therefore the owner is not entitled to claim compensation. That argument is perfectly acceptable and it is in tune with law. At the same time it is not properly dealt with by the Tribunal in para-27 of the award. The parties also namely the contesting respondents did not properly let any evidence in support of the said contention. I am informed by the learned counsel for the appellant that the vehicle had been released in favour of the applicant as the owner and it will go a long way to establish regarding his ownership over the vehicle. It is true that the registered owner may be a person who would have effected the sale but the registration not transferred. All those things loom large with respect to the claim of the third parties. Actually un

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