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2003 Supreme(Ker) 308

A.LEKSHMIKUTTY, J.B.KOSHY
Alias – Appellant
Versus
E. M. Paul – Respondent


Judgment :-

Koshy, J.

These two appeals are filed against the award of the Motor Accidents Claims Tribunal, perumbavoor in O.P.(MV) No.981 of 1990. The above claim petition was field by the father and mother of one Benny who died in a motor accident. The deceased Benny was an automobile mechanic and he was working in Janahitham Motor Workshop in Kuroor kara owned by one Sri.K.P.Chinna Swamy. The owner of he vehicle in question who is the appellant in M.F.A.No.641 of 1993 entrusted his vehicle to the workshop for building its body. On 2.3.1987 at about 12.30 p.m. while Benny was engaged in doing the work on the rear side of the lorry, another worker in the workshop took the lorry backwards without any warning and the lorry hit on the head of Benny. Thereafter, the lorry went further backwards and hit against the wall of the workshop and caused damages. Even though Benny was taken to the Government Hospital, he succumbed to the injuries, it was the contention that the deceased was 20 years old at the time of death and the accident occurred due to the negligent driving of the lorry by another employees of the workshop. It is stated that first respondent is the owner of the lorry and h


































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