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1990 Supreme(Ker) 334

VARGHESE KALLIATH, RAMAKRISHNAN
The Motor and General Finance (India) Ltd, – Appellant
Versus
Mary Mony – Respondent


Judgment :-

Varghese Kalliath, J.

This is a phenomenal case. Appeal is against a judgment in O.P.(M.V.) No.305 of 1986 under S.110-A of the Motor Vehicles Act, hereinafter referred to as 'the Act'. It is phenomenal, since the victim in the case is the owner of the vehicle itself. Not only this fact makes the case phenomenal but also the legal representatives of the deceased got an award of compensation on the basis that the owner of the vehicle, under strange circumstances, met with a motor accident with his own vehicle, which has taken his life. Now, we shall briefly state the facts of the case.

2. Respondents 1 to 3 in the appeal are the applicants in the application for compensation before the Motor Accidents Claims Tribunal, Kottayam. The unfortunate event happened on 10-12-1985 at about 11 a.m. Respondents 1 to 3 herein are the claimants, the widow and minor children of the deceased. 4th respondent is the person who drove the vehicle, which caused the accident. 5th respondent is the Insurance Company. Appellant herein is a Company engaged in the repairing and servicing of motor vehicles. The vehicle in question is a stage carriage KRO7200. The bus belonged to the deceased. It wa






















































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