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1989 Supreme(Ker) 88

BALAKRISHNA MENON, KRISHNAMOORTHY
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
RAJU MARKOSE – Respondent


Judgment :-

1. The 2nd respondent insurer appeals against the award of the Motor Accidents Claims Tribunal, Quilon in O.P. (M. V.) 206 of 1985 directing the insurer to pay compensation Rs. 2,10,000/- to the petitioners for the death of their mother Grace Markose in a car accident on 7-12-1978.

2. The claim was for compensation Rs.6,00,000/- from respondents 1 and 2. The 1st respondent is none other than the father of the claimants. The claimants are minors represented by their next friend.

3. The car KLI 1050 belonged to the 1st respondent. The 1st respondent himself was driving the car bringing his children home from their boarding school at Trivandrum. Their mother Grace Markose was in the front seat. The accident took place at 5.30 p. m. at road junction on the M. C. Road, south of Kottarakkara town. The vehicle capsized causing serious injuries to Grace Markose. She succumbed to the injuries on the same day at about 9 p. m. The petitioners are the children of Grace Markose and the 1st respondent. They claim compensation for the death of their mother who was a medical officer in the St. John's Hospital, Kattappana drawing a salary of Rs. 2500/-p. m. The case was posted from time t










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