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2000 Supreme(Ker) 247

K.NARAYANA KURUP, D.SREEDEVI
Narayanan Nanu – Appellant
Versus
Manuel Thomas – Respondent


Judgment :-

K. Narayana Kurup, J.

On 27.11.1989 a 22 year old head load worker met with a road traffic accident resulting in his death the next day. He was survived by his father (68) and mother (63). The Tribunal on appreciation of evidence brought on record, though fixed the quantum of compensation at Rs. 75,700/- with interest at 12% per annum from the date of petition, however, exonerated the 3rd respondent/ insurance company from liability to pay any amount on the ground that the 1st respondent/registered owner of the vehicle has transferred the same to the 4th respondent on 15.1.1988. Both, the quantum of compensation and the finding of the Tribunal on the question of liability of the insurance company is under challenge in this appeal by the claimants.

2. Having heard learned counsel on both sides we are of opinion that the quantum of compensation awarded is quite fair and reasonable and the same does not call for any interference. Accordingly, we confirm the quantum of compensation awarded by the Tribunal.

3. However, the finding of the Tribunal exonerating the insurance company cannot be legally sustained as it proceeds on an erroneous appreciation of the legal position. Of c

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