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AMMUKUTTY v. SARAMMA - MFA No. 17 of 2000  RD-KL 5162 (12 March 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMMFA No. 17 of 2000()
For Petitioner :SRI.SHAJI P.CHALY
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice K.PADMANABHAN NAIR
O R D E R
K.Padmanabhan Nair,J.M.F.A.No.17 of 2000
Dated, this the 12th day of March, 2007
The owner of a motor vehicle which was involved in an accident has filed this appeal challenging the finding of the Tribunal by which the Insurer was exonerated. The Tribunal found that the collision of an autorickshaw with a mini lorry was on account of composite negligence of drivers of both the vehicles. The Tribunal held that the driver of the lorry contributed 60% negligence and that of the autorickshaw at 40%. As the driver of the autorickshaw was not having a valid licence, the owner and driver of the autorickshaw was held liable for 40% of the award amount.
2. In the very same accident, another person travelling in the autorickshaw sustained injuries for which she made a claim petition, which was allowed. Challenging that award, the appellant herein filed M.F.A.No.1232 of 1999 before this Court. A Division Bench of this Court by judgment dated 12.7.2005 confirmed the finding of the Tribunal, repelled the M.F.A.No.17 of 2000 contention of the appellant regarding her liability and dismissed that appeal. In view of the finding in M.F.A.No.1232 of 1999 that the driver of the autorickshaw is 40% negligent, there is no scope for interference with the award passed by the Tribunal in this appeal. So, this appeal is only to be dismissed. In the result, the appeal is dismissed. C.M.P.No.138 of 2000 also shall stand dismissed. K.Padmanabhan Nair Judge vku/-
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