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1990 Supreme(Ker) 82

THOMAS, MANOHARAN
Kuruvila – Appellant
Versus
Southern Roadways Ltd. – Respondent


Judgment :-

Thomas, J.

1. In a motor accident which happened on 9-6-1974, the appellant sustained injuries. The Motor Accidents Claims Tribunal awarded a sum of Rs.33,000/- as compensation and directed the owner and driver of lorry THE 421 to pay the awarded sum with interest at the rate of 6% per annum from the date of claim petition. Dissatisfied with the amount awarded, this appeal has been filed by the appellant.

2. The appellant and his wife were travelling in a taxi car along the National Highway. As the car reached the scene of accident, the lorry, which came from the opposite direction collided with the taxi car. Among the injuries which appellant sustained, the serious one was a penetrating injury in his left eye, besides a lacerated wound starting from root of nose extending up to the left eyebrow, cutting the upper eyelid. He filed the claim petition on 21-11-1979 with an application to condone delay, claiming an amount of Rs.33,000/-. The delay was condoned and the claim petition was entertained by the Claims Tribunal, and finally awarded the sum claimed in the petition.

3. The grievance of the appellant is that the Claims Tribunal has improperly dismissed his application











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