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2024 Supreme(Ker) 404

SYAM KUMAR V. M.
National Insurance Company Limited – Appellant
Versus
John Varkey – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Smt.M.J.Induja, Sebastian Varghese, Sri. R. Bindu (Sasthamangalam), Sri.Prasanth M.P
For the Respondent: R. Bindu (Sasthamangalam), Sri. B. Krishna Mani, Smt.Smitha Philipose, Sri. Sebastian Varghese, Sri. K. B. Ramanand

 

Common facts govern M.A.C.A.No.1019 of 2013 and M.A.C.A.No.2249 of 2013, which are filed challenging the Award dated 18.03.2013 in O.P.(M.V.)No.476 of 2006 of the Motor Accident Claims Tribunal, Muvattupuzha (hereinafter referred to as the 'Tribunal'). Hence both M.A.C.As. are considered together.

2. Facts in brief from the O.P. (M.V.):

On 01.06.2005, at around 7.45 p.m., one Sri.John Varkey while riding a motorcycle bearing registration No.KL-7/A-1928 through Perumbadavam-Anthiyal public road had a collision with a jeep, which was driven by the 2nd respondent in a rash and negligent manner. The jeep was being driven in excessive speed from opposite direction and it had hit against the motorcycle causing grievous injuries to Sri.John Varkey. He was taken to Medical College Hospital, Kolenchery, for immediate treatment and thereafter he underwent treatment at various hospitals before succumbing to death on 17.05.2006. The O.P.(M.V.) had been filed by Sri.John Varkey while he was alive and was undergoing treatment. The owner, driver and insurer of the jeep were respondents 1 to 3 in the O.P.(M.V). Subsequent to the death of Sri.John Varkey, petitioners 2 to 5 in the O.P.(M.V), who are

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