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2022 Supreme(Online)(KER) 17227

HIGH COURT OF KERALA
AMIT RAWAL, J
PREMA
– Appellant
Versus

K.K. THAVU ** – Respondent


Advocates:
A.R.NIMOD M.A.AUGUSTINE, K.P.SURESH KUMAR ANZIL SALIM SHRI.LAL K.JOSEPH, SC, NEW INDIA ASSURANCE COMPANY LTD.()SURESH SUKUMAR(K/634/1997)

JUDGMENT

Impugned order Ext.P6 dated 19.03.2022 in E.A. 16/2022 and E.A.17/2022 in E.P.No.240/2004 in O.P.(MV)No.953/1985 rejecting the application of the claimants to implead the legal representatives of deceased managing partner, Balakrishna Nair, the judgment debtor, has been assailed in the original petition.

2. Petitioners and 8th and 9th respondents are wife, son, daughter and mother of one Ramachandran, who unfortunately died in a road accident occurred on 23.04.1983. The vehicle involved in the accident was insured by the New India Insurance Company. Balakrishnan Nair was arrayed as respondent No.1 being the Managing Director of Balakrishna Transport whereas respondent Nos.2 and 3 are the other partners of Balakrishna Transport. Respondent Nos.4 to 6 are the legal heirs of Balakrishnan Nair. A claim petition under Section 110A of the erstwhile Motor Vehicles Act , 1939 was preferred. Learned MACT vide award dated 26.07.1986 Ext.P1 assessed the compensation to the tune of Rs.1,45,000/- with interest at the rate of 12%.

Insurance Company was directed to comply with the liability and satisfy the award. The aforementioned award was challenged in this Court by the Insurance Comp

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