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2016 Supreme(Ker) 1516

A.MUHAMED MUSTAQUE, P.N.RAVINDRAN
Manoharan, S/o. Krishnan – Appellant
Versus
C. M. Shaji, S/o. Ahammed Kutty – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.T.C.Suresh Menon, Sri.Jibu P. Thomas, Sri.P.S.Appu
For the Respondent: Sri.Santheep Ankarath, Sri.A.R.George

JUDGMENT :

P.N.RAVINDRAN, J.

1. These appeals arise from the common award passed by the Motor Accidents Claims Tribunal, Tirur on 5.2.2008 in O.P.(M.V.) Nos.45, 46, 59 and 60 of 2006. The claimants in O.P.(M.V.)Nos.60 of 2006 and 46 of 2006 are husband and wife respectively. They were travelling in an autorickshaw bearing registration No.KL-11/C-5965 along with their son Mahesh, a minor aged 7 years (the claimant in O.P.(M.V.)No.45 of 2006) and their six month old daughter by name Manju. The said autorickshaw collided with a motor car bearing registration No.KL-10/V-5482, owned by the first respondent, driven by the second respondent and insured with the third respondent. In that accident, the claimant in O.P.(M.V.)Nos.45, 46 and 60 of 2006 sustained personal injuries and the minor daughter of the claimants in O.P.(M.V.)Nos.46 and 60 of 2006, sustained fatal injuries and passed away on the same day. The claim petitions were thereupon filed seeking compensation on the allegation that the accident took place solely on account of the rash and negligent driving of the motor car by the second respondent.

2. The first respondent before the tribunal, the owner of the motor car entered appear

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