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1986 Supreme(Ker) 256

V.SIVARAMAN NAIR, JOHN MATHEW
NAZEEMA – Appellant
Versus
SEBASTIAN – Respondent


Judgment :-

1. The appellants are the widow and children of late Shri Abdul Khader, who died as a result of an accident on 25-11-1978 involving a goods vehicle, KLO 2607. The vehicle was owned by the second respondent. At the time of the accident the vehicle was being driven by the first respondent. The third respondent is the insurer. At the time of his death, late Shri Abdul Khader was aged 28 years, and the appellants were depending entirely on him for sustenance. The loss suffered by his death was assessed by them as Rs. 3,00,000/-, and a further amount of Rs. 10,000/- was claimed for pain and suffering of the deceased.

2. The Motor Accidents Claims Tribunal, Ernakulam awarded an amount of Rs.40,000/- with interest at 6 percent from 25-5-1979, on the finding that the first respondent was driving the vehicle rashly and negligently, and that occasioned the accident and the consequent death of Shri Abdul Khader. It was, however, found that since the deceased was a passenger in the goods vehicle, the third respondent-insurer was not liable. The first appellant was allowed to realise Rs. 10,000/- out of the amount of compensation, and the costs of the petition. The remaining amount o
































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