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1994 Supreme(Ker) 140

K.JOHN MATHEW, K.NARAYANA KURUP
Oriental Insurance Co. – Appellant
Versus
Mother Superior S. H. Convent – Respondent


Judgment :-

John Mathew, J.

Whether the Mother Superior of a Holy Order of Catholic nuns is the legal representative of a deceased nun of that congregation? This question arises in this appeal filed against an award passed under S.11 OB of the Motor Vehicles Act, 1939. The 3rd respondent in O.P.(MV) No. 421/88 before the M.A.C.T. Thodupuzha, viz. the Oriental Insurance Company Ltd., is the appellant. That claim was filed before the M.A.C.T. by the Mother Superior, Sacred Heart Convent, Kanayankavayal Pcruvanthanam, Idukki (hereinafter referred to as the petitioner), for compensation for the death of Rev. Sister Claramma, who was a member of that Holy Order, in a motor traffic accident. The accident occurred on 3-6-1988 when a jeep bearing No. KLI 3276 owned by the 1st respondent before the Tribunal driven by the 2nd respondent in a rash and negligent manner hit the deceased while she was walking along the side of the road. She sustained grievous injuries. Although she was taken to the Medical College Hospital, Kottayam and treated there, she succumbed to her injuries on 5-6-1988. The deceased was aged 48 at the lime of her death and was employed as L.P.S. Assistant in the Corporate

















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