AFSAL K.A. Vs. ROBY KURIAKOSE

JUDGEMENT

(1.) Will suppression of material fact or material particular render an insurance policy void, is the short question that arises for consideration in the appeal.

(2.) The appellant was the petitioner in OP(MV) 174/2007 of the Motor Accidents Claims Tribunal, Pala. The respondents in the appeal were the respondents before the Tribunal.

(3.) The appellant had filed the claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (in short 'Act'), claiming compensation on account of the injuries that he sustained in an accident. It was his case that, on 6/11/2006, while he was travelling in an auto rickshaw from Erattupetta to Poonjar, a jeep bearing registration No.KL-7/F 8082 (jeep) hit the auto rickshaw. The jeep was driven by the third respondent in a rash and negligent manner. The jeep was owned by the first respondent and insured with the second respondent. The appellant claimed a compensation of Rs.20,000.00 from the respondents.