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VARGHESE KALLIATH, G.H.GUTTAL
Oriental Fire And Genl. Ins. Co. Ltd. – Appellant
Versus
P. P. Misri – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S. Parameswaran
For the Respondent: V.C. John and Jimmy John

JUDGMENT :

Varghese Kalliath, J.

Respondents in appeal are the widow and children of one Hamsa and his mother. A baleful this illfettered drive of a motor vehicle by Hamsa resulted in a tragic accident, ended Hamsa drop dead though reached in hospital and rendered the respondents destitutes. Respondents claimed compensation in M.V.O.P. No. 845 of 1985. The Tribunal awarded a compensation of Rs. 1,50,750/-. The award is challenged in this appeal by the owner of the vehicle, the insured and the insurer jointly.

2. The facts are not very seriously disputed. But for the purpose of the questions raised in this appeal, we shall give a short resume of the facts of the case.

3. The calamitous event happened at about 2 p.m. on 14.8.1982. Deceased Hamsa was driving the illfated lorry KLO 5123. Due to mechanical failure, the lorry capsized. It fell into a nearby paddy field. Hamsa was caught up underneath the lorry. After extricating him from under the lorry, he was taken to the hospital. It was found that Hamsa had several injuries. He died at about 3.45 p.m. at the Government Hospital, Punalur.

4. The second appellant is the owner of the lorry. First appellant is the insurer of the lorry. The lo

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