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2013 Supreme(Ker) 461

K.T.SANKARAN, M.L.JOSEPH FRANCIS
National Insurance Company Ltd. represented by its Manager – Appellant
Versus
Gracy – Respondent


Advocates appeared:
For the Appellant:Lal George, Advocate.
For the Respondents:John Joseph Vettikad, R1-R3, T.K. Koshy, Mrs. V.V. Risani, R4, Babu T. Cheriyan, R6, P. Sankarankutty Nair, Advocates.

Judgment :

Joseph Francis, J.

1. This appeal is filed by the second respondent Insurance Company in O.P.(MV) No.595 of 2007 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha.

2. The above Original Petition was filed under Section 163A of the Motor Vehicles Act (for short, 'the Act'). The case of the petitioners in the O.P.(MV) is briefly as follows :

On 8.7.2006 at about 1.30 p.m., while deceased Baby Joseph was driving the car bearing Registration No.KL-05M/8364 from west to east along the Ernakulam -Muvattupuzha public road, the offending lorry bearing Registration No.KL-17D/709 came from the opposite direction and hit on the car, as a result of which the deceased sustained fatal injuries to which he succumbed on the way to the hospital. The accident has arisen out of the use of the vehicles bearing Registration Nos.KL-17/D- 709 and KL-05/M 8364. The petitioners are the wife and children of deceased Baby Joseph. They are claiming compensation from respondents 1 and 2, who were the owner and the insurer of the offending lorry. Respondents 3 and 4 were the owner and insurer of the car driven by the deceased at the time of accident. The petitioners claimed Rs.2,75,5
















































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