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2024 Supreme(Ker) 489

MARY JOSEPH
Sajikumari K. S. W/o Late Somarajan – Appellant
Versus
Ansardeen S/o Kochumuhammed – Respondent


Advocates:
Advocate Appeared:
For the Appellants : T.K. Koshy, Abe Rajan, Sabu I. Koshy.
For the Respondents: P. Jacob Mathew, Mathews Jacob.

JUDGMENT :

MARY JOSEPH, J.

1. Challenge in this appeal is against an award passed by Motor Accidents Claims Tribunal, Pathanamthitta (for short ‘the Tribunal’) on 01.04.2014 in O.P. (M.V.) No. 1742/2007.

2. For the sake of convenience, the parties to this appeal will hereinafter be referred to as the petitioners and respondents 1 to 3 in accordance with their status in the Original Petition.

3. The appellants herein are the petitioners before the Tribunal who moved the above Original Petition seeking for a sum of Rs. 12,00,250/- as compensation for the death of one Mr. Somarajan in a motor accident occurred at 1.45 p.m. on 02.12.2007 with the involvement of a mini bus bearing Registration No. KL-04/T-6916. Mr. Somarajan was a pedestrian through Pampa-Mannarakulanji public road and he sustained injuries when knocked down by the mini bus referred to above. Alleging that the motor accident was occurred due to the rash and negligent driving of the mini bus by its driver and claiming compensation, the above Original Petition was filed. The driver, the owner and the insurer of the Bus were arrayed as respondents 1 to 3 in the Original Petition.

4. During the pendency of the Original Petition,

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