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2014 Supreme(Ker) 902

T.R.RAMACHANDRAN NAIR, P.V.ASHA
New India Assurance Company Limited – Appellant
Versus
Lettish Remy – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mathews Jacob, P. Jacob Mathew
For the Respondents: Mathew John, Domson J. Vattakuzhy

JUDGMENT :

T.R. Ramachandran Nair, J.

The appellant in M.A.C.A No.735 of 2014 is the Insurance Company and the claimants have filed the Cross Objection.

2. We heard the learned Senior Counsel for the appellant Sri Mathews Jacob and Sri Mathew John for the claimants.

3. The claimants namely 4 in number are respectively the widow, minor children and the mother of late Sri Remy Thomas, who died in a motor vehicle accident. The accident occurred in Mumbai town at 6.45 p.m. on 20.10.2009 while he was riding MH-02/AT-4656 motorcycle.

4. When the motorcycle reached near LBS Marg in front of Jain Mandir bus stop, a Taurus Truck bearing Reg. No. MH- 04/CP-8222 came from the back side and hit on the motorcycle. As a result of it, the deceased Remy Thomas fell down and sustained fatal injuries. The Truck ran over the body of the deceased. The vehicle was being driven by the 2nd respondent before the Tribunal and the 1st respondent before the Tribunal is the registered owner of the vehicle. A total amount of Rs. 1,10,00,080/- was claimed by the claimants under various heads.

5. The deceased was working in a Multinational Company, namely, `Polaris Software Lab Ltd.' as a Senior Project Head. He had c








































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