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2021 Supreme(Ker) 892

A. BADHARUDEEN
Sosamma Abraham, W/o. Abraham Kuruvila – Appellant
Versus
Santhosh. G. , S/o. Gopalan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.VINOY VARGHESE KALLUMOOTTILL
For the Respondent: M.RAJAGOPALAN

JUDGMENT :

Appellants are additional petitioners 2 to 5 being legal heirs of Abraham Kuruvila, the original petitioner in O.P(MV).No.1822/2004. They are aggrieved by award dated 17.12.2011 passed by the Motor Accident Claims Tribunal, Pathanamthitta. Respondents 1 to 3 are arrayed as respondents herein.

2. Brief facts:

Petitioner was a 54 year old coolie worker at the time of the accident. On 29.11.2003 at about 10.30 a.m while the petitioner was doing loading and unloading work in the property of Puranthadayil Kunjumol at Niranam Central keeping his right hand on the left side body of a lorry bearing Reg.No.Kl-4/B 6453, another lorry bearing Reg.No.KL-7/B 6782 named "Puthenpurakal", driven by the 1st respondent crushed his right hand pressing hard on the other lorry. Both vehicles came there for unloading building materials. As a result of the accident, the petitioner sustained serious injuries on his right hand. The accident occurred solely due to the negligence of the driver of the lorry bearing Reg.No.KL-7/B 6782, i.e., the 1st respondent, according to the additional petitioners. The 2nd respondent is the owner of the offending vehicle and 3rd respondent is the insurer. Hence all

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