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1997 Supreme(Ker) 315

P.A.MOHAMMAD, P.SHANMUGAM
Julian – Appellant
Versus
Peethambaran – Respondent


Judgment :-

PA. Mohammed, J.

These two appeals arise from an award passed by the Motor Accidents Claims Tribunal, Quilon in O.P. (M.V.) No. 2000 of 1985. The claim petition was filed by the legal heirs of Daisy wife of Janias Julian who died in a motor accident on 12.9.1984 at about 3 pm at a place called 'Neendakara' on NH 47 claiming compensation of Rs.1 lakh. After the enquiry the Tribunal awarded a compensation of Rs. 81,700/- with 12% interest. The owner and driver of the offending vehicle were made liable to pay the compensation. The appellants in MF A No. 512 of 1990 are the claimants whereas the appellant in MFA No. 554 of 1994 is the owner of the offending vehicle. The case of the appellants in MF ANo. 512 of 1990 is that the compensation awarded by the Tribunal is inadequate. On the other hand, the appellant in MFA No. 554 of 1990 pleads that the liability to pay the compensation shall be fastened on the insurer of the vehicle, who is the 16th respondent therein.

2. On the date of accident the deceased was travelling in the offending vehicle tempo van KRO 4110. The case of the claimants was that the above vehicle was drive; u„ v Puvithran. the second respondent in the claim



















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