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2019 Supreme(Ker) 1011

ANIL K.NARENDRAN
Georgekutty S/o Yohannan – Appellant
Versus
Gibu Cherian S/o C. T. Cherian – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. R. Ranjith, Sri. M.T. Suresh Kumar.
For the Respondents: Sri. Jacob P. Alex, Sri. Joseph P. Alex, George Cherian, K.S. Santhi, Latha Susan Cherian.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The appellants are the claimants in O.P. (MV) No. 39 of 2003 on the file of the Additional Motor Accidents Claims Tribunal, Pathanamthitta, a claim petition filed under Section 166 of the Motor Vehicles Act, 1988, claiming compensation on account of the death of one Johnson George, son of appellants 1 and 2, and brother of the 3rd appellant, in a motor accident which occurred on 25.07.2002, while he was travelling as a pillion rider on a motorcycle bearing registration No. KL-3/E-4564, ridden by the 1st respondent, owned by the 2nd respondent and insured with the 3rd respondent insurer. While the 1st respondent rider was attempting to overtake an autorickshaw, he applied sudden break on seeing a bus coming from the opposite direction. The deceased was thrown out of the motorcycle, who was ran over by a bus bearing registration No. KL-8/A-4567 driven by the 4th respondent, owned by the 5th respondent and insured with the 6th respondent. In the accident, he sustained fatal injuries, who succumbed to the injuries at the place of accident itself.

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