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2004 Supreme(Ker) 192

K.THANKAPPAN, J.B.KOSHY
Varghese – Appellant
Versus
P. K. Krishnan Nair – Respondent


Judgment :-

Koshy, J.

Appellants are the parents of one Fr. Jose Vettukallumpurath who died in a motor vehicle accident. He was a member of Monastery called Carmel Provincial House, Muvattupuzha. The appellants filed a claim for compensation before the Motor Accidents Claims Tribunal, Muvattupuzha and it was numbered as O.P.(M.V) No.662 of 1995. Monastery also filed a claim petition claiming compensation for the death of the very same Priest and it was numbered as O.P.(M.V.) No.663 of 1995. Both cases were heard together and a common award was passed. This appeal is filed against the award in O.P.(M.V.) No.662 of 1995. The award in O.P.(M.V.) No.663 of 1995 granting compensation to the provincial house is not challenged. However, as directed by this court, provincial house was impleaded as a party in this case and they were also heard. So, being a motor accident claim appeal, without going into the technicalities, we may consider whether the award of the Tribunal in granting compensation to the provincial house instead of the parents of the deceased is correct or not. It is submitted that the Insurance company has deposited the entire amount awarded and it has already withdrawn by t

















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