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2012 Supreme(Online)(KER) 46655

HIGH COURT OF KERALA
PIUS C.KURIAKOSE, A.V.RAMAKRISHNA PILLAI, JJ
M.K.MUAHMMED NAJEEB – Appellant
Versus
AJESH J JOSE – Respondent


Advocates:
SRI.K.P.SUDHEER SRI.SUMODH MADHAVAN NAIR, SMT.RAJI T.BHASKAR

JUDGMENT

Ramakrishna Pillai, J The 1st respondent who is the registered owner of the offending vehicle is the appellant.

2. The claim petition was filed by the 1st respondent in this appeal claiming a sum of ` 2 lakhs as compensation on account of the injuries sustained by him in a road traffic accident on 09/09/04. Allegedly the 1st respondent while walking along the road was hit down by a two wheeler which was insured with the 3rd respondent Insurance Company. The appellant who was the registered owner was also arrayed as one of the parties in the claim petition. The learned Tribunal after quantifying the amount of compensation found that the driver of the offending vehicle was not having a valid driving licence at the relevant time. Thus the 3rd respondent Insurance Company who was saddled with the liability of paying the compensation was given the liberty to recover the same from the appellant who is the registered owner after effecting payment. The said finding is under challenge in this appeal.

3. We have heard the learned counsel for the appellant and the learned counsel for the 3rd respondent Insurance Company.

4. When the matter was taken up for hearing the learned counsel fo

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