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2018 Supreme(SC) 1186

N.V.RAMANA, MOHAN M.SHANTANAGOUDAR
Ramla – Appellant
Versus
National Insurance Company Limited – Respondent


JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

Leave granted.

2. The claimants are before this Court seeking further enhancement of compensation from Rs. 21,53,000/- awarded by the High Court of Kerala at Ernakulam. By the impugned judgment, the High Court enhanced the compensation from Rs.11,83,000/- to Rs. 21,53,000/-.

3. In the accident that occurred on 10.05.2008, the deceased Ismail succumbed to death due to grievous injuries. The wife (about 22 years), two children (aged about 3 years and 9 months respectively) and aged father (about 90 years of age) of the deceased moved a claim petition before the Motor Accidents Claim Tribunal, Vatakara (hereinafter referred to as the ‘Tribunal’) seeking a total compensation of Rs. 25,00,000/-. The Tribunal, while assessing the monthly income of the deceased at Rs.12,000/- for the purpose of compensation and while deducting half amount towards personal expenses, awarded a total compensation of Rs.11,83,000/- with interest at the rate of 7.5% per annum from the date of filing the claim petition till its realization.

4. The respondent–Insurance Company filed an appeal before the High Court against the award of the Tribunal, whereas the claimants filed





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