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2022 Supreme(SC) 1068

SURYA KANT, ANIRUDDHA BOSE
Manusha Sreekumar – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Thomas P.Joseph, Sr.Adv. Mr. Bijo Mathew Joy, Adv. Mr. Tom Joseph, Adv. Mr. Seshatalpa Sai Bandaru, AOR
For the Respondent(s): Mr. Pradeep Gaur, Adv. Mr. Amit Gaur, Adv. Mr. Rameshwar Prasad Goyal, AOR

JUDGMENT :

Surya Kant, J.

1. Leave granted.

2. The present appeal arises out of the judgment dated 23.07.2019 passed by the High Court of Kerala, in an appeal preferred by the Respondent (hereinafter, “Insurance Company”) against the award dated 26.07.2018 of the Motor Vehicle Accidents Claims Tribunal, Pala (hereinafter, “Tribunal”). The High Court allowed the appeal and has reduced the compensation amount of Rs. 32,39,000/- granted to the Appellants by the Tribunal to Rs. 19,70,000/-. The issue involved in the instant matter primarily relates to the determination of quantum of compensation awarded under various heads by the Tribunal and the High Court.

A. FACTUAL BACKGROUND :

3. On 21.02.2015, the dreams and aspirations of the 32-year-old Deceased (Sreekumar) shattered when he met with a fatal accident that occurred while he was riding his motorcycle bearing Registration No. KL-36-C-9198 through Thalayolaparambu to Ernakulam Road, Kerala. At the time of the accident, the offending car bearing Registration No. KL-07-BB-5053 was insured by the Respondent Insurance Company and was


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