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2013 Supreme(Ker) 727

S.SIRI JAGAN, K.RAMAKRISHNAN
Jaya – Appellant
Versus
Shaji – Respondent


Advocates appeared:
For the Appellants:P.K. Sajeev, Advocate.
For the Respondents:R1 & R2, Lal George, R3, Siby Mathew, Philip J. Vettickattu, B. Premnath (E), Advocates.

Judgment :

Ramakrishnan, J.

1. The claimants, who are the legal heirs of deceased Ramesh, in O.P.(MV) No. 2213/2002 on the files of the Motor Accidents Claims Tribunal, Kottayam, are the appellants herein. Deceased Ramesh sustained injuries in a motor vehicle accident which happened on 10.7.2000, on account of the negligent driving of a vehicle driven by the 1st respondent, owned by the 2nd respondent and insured with the 3rd respondent. Subsequently, he died on 25.12.2001. It is after the death of the deceased that the appellants filed the application for compensation for the injuries and disability suffered by Ramesh. But, since the Insurance Company has contended that the legal heirs are not entitled to maintain an action for the personal injuries sustained by the deceased, they filed I.A. No. 496/2005 for amendment of the claim petition treating the claim one for compensation for the death of Rajesh. After considering the evidence on record, the Tribunal found that the accident occurred due to the negligent driving of the vehicle by the 1st respondent, but found that since the appellants have failed to prove that the deceased died on account of the injuries sustained in the accid
















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