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1997 Supreme(Ker) 324

P.A.MOHAMMAD
National Insurance Co. Ltd. – Appellant
Versus
Yohannan – Respondent


Judgment :-

P. Shanmugam, J.

The 6th respondent National Insurance Co. before the Motor Accidents Claims Tribunal is the appellant here. The Tribunal passed an award in favour of the claimant holding that respondents 1 to 4 and 6 are jointly and severally liable and directing the 6th respondent insurance company to deposit the whole amount of Rs. 50,930/- with interest at the rate of 12% per annum. The appeal is against tills award.

2. The facts briefly, stated are as follows: The first respondent claimant was a passenger in a lorry bearing registration No. KLK 35 80 going from Mutholikkadavu to Mylankandathu with a load of timber on 17.2.1984. At about 1 p.m. when the lorry came to the Mevada Junction, another lorry hearing registration No. KLF 605 came from the opposite direction collided with lorry KLK 3580. The 1st respondent and others were injured. He was taken to the Taluk Headquarters Hospital, Palai and then to Medical College Hospital wherein he had undergone prolonged treatment as an inpatient. He had also undergone further treatment of Fathima Mission Hospital. Kozhuvanal for 45 days. Ext. A4 is the copy of the wound certificate showing 4 cm x 4 cm wound over the posterio






















































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