LAWS(KER)-1991-7-48

NAZEEMA Vs. GEORGE KURIAKOSE

Decided On July 26, 1991
NAZEEMA Appellant
V/S
GEORGE KURIAKOSE Respondents

JUDGEMENT

(1.) In this appeal the claimants in M. A. C. No. 262 of 1983 impugn the legality of the award made by the Motor Accidents Claims Tribunal (M. A. C. T. for short), Kottayam, whereby the latter disallowed the claim for compensation of Rs. 4 lakhs arising out of the death of Mohammed Basheer.

(2.) The question which arises for consideration in this appeal, is whether the value of the share held by the deceased in a partnership business which was received by the claimants upon the death of the deceased, is liable to be deducted in assessing the amount of compensation under S.110B of the Motor Vehicles Act 1939

(3.) The appellant No. 1 is the widow, and appellant Nos. 2 and 3 are the minor children of the deceased. The respondent Nos. 1 and 2 are respectively the owner and driver of the bus KLO 5871 which caused the death by rash and negligent driving. The respondent No. 3 is the insurer.