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1993 Supreme(Ker) 410

T.L.VISWANATHA IYER, P.KRISHNA MOORTHY
New India Assurance Co. Ltd. – Appellant
Versus
Kunhiraman Nambiar – Respondent


Judgment :-

Viswanatha Iyer, J.

Three persons were knocked down by a jeep KLC 4448 at about 9.30 P.M. on 14-10-1979. Of these three, two persons Raghavan and Devanarayanan died and their legal representatives filed claims for award of compensation for the loss caused by their death, under S.110A of the Motor Vehicles Act, 1939. The first respondent was stated to be the owner of the vehicle at the time of the accident and the fourth respondent, the previous owner. The second respondent was the driver, and the third respondent the insurer, speaking with reference to the array of parties before the Motor Accidents Claims Tribunal. Though the first respondent was impleaded as the owner of the vehicle, there was no insurance for the vehicle in his name; it stood in the name of the fourth respondent. The Tribunal held that the vehicle was driven rashly and negligently by the second respondent driver and an award was accordingly passed for amounts of Rs. 5,600/- and Rs. 7,600/- respectively as compensation after deducting an amount of Rs. 1000/- each paid earlier to the legal representatives of the deceased persons. The insurer was made liable for payment of the amounts. Being aggrieved, t

















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