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2008 Supreme(Ker) 356

J.B.KOSHY, P.N.RAVINDRAN
Oriental Insurance Co. Ltd. Metro Palace, Opp. North Railway Station, Ernakulam – Appellant
Versus
Shaju Joseph – Respondent


Advocates Appeared: For the Appellant :V.P.K. Panicker, Advocate.

Judgment :-

Koshy, J.

This appeal is filed by the insurance company against the award of the Motor Accidents Claims Tribunal in a claim petition filed under section 163A of the Motor Vehicles Act (in short `the Act). The son of the first and second claimants (respondents 5 and 6 in this appeal) sustained fatal injuries in a motor accident on 9.2.2004. According to the claimants, while the deceased was proceeding in a motor cycle bearing Reg. No.KL.7U/8423 from Thodupuzha to Vazhakulam for official purpose, a bus bearing Reg.No.KL.6/8647 stopped ahead of the motor cycle all on a sudden and thereby it hit on the left back side of the bus and he sustained fatal injuries and succumbed to the injuries. According to the claimants, the bus driver was negligent. The driver, owner and insurer of the bus were arrayed as respondents 1 to 3. The fourth respondent was the owner of the motor cycle and the fifth respondent was the insurer of the motor cycle in which the deceased was travelling. The Tribunal calculated compensation as per the structured formula. An award was passed directing payment of the sum of Rs.2,76,500/= with interest thereon at 8% per annum from the date of application as co













































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