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2011 Supreme(Online)(KER) 29767

HIGH COURT OF KERALA
R.BASANT, M.C.HARI RANI, JJ
UNITED INDIA INSURANCE COMPANY LTD. – Appellant
Versus
JOSE.P.C. – Respondent


Advocates:
SRI.MATHEWS JACOB (SR.), SRI.P.JACOB MATHEW

JUDGMENT

BASANT, J.

Insurance company is the appellant. Claimant had staked claim for compensation for the personal injuries suffered by him in an accident which took place on 17.01.2003. He was the pillion rider in a motor cycle. There was an accident involving the insured vehicle and the said motor cycle. According to the claimant, the accident occurred on account of the rashness and negligence of the driver of the insured vehicle. The insured vehicle belongs to the Forest Department. A crime was registered on the basis of Ext.A1 F.I.R. That F.I.R was registered on the strength of the version given by the claimant/injured. The police in the course of investigation prepared Ext.A3 scene mahazar and filed Ext.A5 final report indicting the rider of the motorcycle as the person culpably responsible for the accident. The claimant did not accept this version of the police. He took the stand that the police had succumbed to the influence which the forest officials wielded with the police. He claimed compensation against the driver, owner and insurer of the insured vehicle/jeep. In support of his claim for compensation, the claimant examined himself as PW1 and a witness as PW2. According

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