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2009 Supreme(Ker) 1033

P.R.RAMAN, P.R.RAMACHANDRA MENON
Mini Philip, Wife Of P. T. Philip – Appellant
Versus
P. J. Mathew – Respondent


Advocates appeared:
For the Petitioners:T.M. Raman Kartha, Advocate. For the Respondent:Mathews Jacob (Sr.), Advocate.

Judgment :

Raman, J.

Appellants are the claimants in O.P.(M.V.) No.342 of 1999, on the file of the Motor Accidents Claims Tribunal, Kottayam. For convenience, we refer to the status of the parties as in the Tribunal. The first petitioner is the wife of the deceased P.T.Philip, petitioners 2 and 3 are his children and fourth petitioner is the mother of the deceased. The brief facts as borne out by the records are as follows.

2. The deceased was travelling in a car bearing Registration No.KL-9B/858 through the M.C.Road, when a bus bearing Registration KL 5A 7876, driven by the second respondent came in a rash and negligent manner and hit against the car, as a result, he sustained serious injuries. He was treated in the Medical College Hospital, Kottayam, but subsequently succumbed to the injuries. First respondent was the owner of the bus, second respondent was the driver of the vehicle and third respondent is the Insurer of the vehicle. The claim was made for a total compensation of Rupees One Crore under different heads. The claim petition however was filed under Section 163A of the Motor Vehicles Act and not under Section 166 of the Motor Vehicles Act. The application filed also di














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