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1997 Supreme(Ker) 44

P.A.MOHAMMAD, D.SREEDEVI
United India Insurance Co. Ltd. – Appellant
Versus
Lakshmi – Respondent


Judgment :-

Mohammed, J.

The subject matter of this appeal is a claim arising out of a motor accident. In the accident which took place on 5.9.1980 husband of the first respondent, Krishnan sustained grievous injuries. Later he succumbed to his injuries at the District Hospital, Trichur on 15.10.1980. The vehicle involved in the accident was a motor tractor KLM 1776 which was insured with the appellant, the United India Insurance Company. The liability of the insurer is unlimited. The wife and children of deceased Krishnan filed petition under Ss.92-A and 110-A of the Motor Vehicles Act claiming compensation of Rs.1 lakh. The tribunal after holding enquiry awarded a sum of Rs. 77.000/- as compensation. The liability to pay compensation was fixed with the appellant. The insurer being dis-satisfied with the fixation of the liability has filed this appeal against the award in M.V.O.P. No. 260 of 1986 of the Motor Accidents Claims Tribunal, Manjeri.

2. After holding the enquiry, the Tribunal found that the accident was caused due to the rash and negligent driving of the 9th respondent. That question is not disputed in this appeal.

3. A cross-objection has been filed on behalf of the eight















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