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SANJAY KAROL, PRASHANT KUMAR MISHRA
Preetha Krishnan – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
JUDGMENT
SANJAY KAROL, J.
| Time taken for disposal of the claim petition by the MACT | Time taken for disposal of the appeals by the High Court | Time taken for disposal of the appeals in this Court |
| 1 year 3 months 22 days | 9 years 2 months and 20 days | 8 months 23 days |
Leave granted.
2. These appeals are directed against the judgment and order dated 28th June 2024, passed in MACA No.210 and 1219 of 2015; and Judgment and order dated 27.11.24 in R.P.Nos.1165 and 1187 of 2024 by the High Court of Kerala at Ernakulam, which, in turn, were preferred against the order dated 2nd April 2014 in O.P. (M.V.) No.1105/2012, passed by the Motor Accidents Claims Tribunal, Pala [Hereinafter referred as ‘Tribunal’].
3. The brief facts giving rise to these appeals are that on 3rd August 2012, the deceased, namely, T.I. Krishnan, aged 51 years, was driving his car, bearing registration No.KL-5/M-1062 through the Pala-Thodupuzha Road. A bus bearing registration No.KL-38/B-1833, driven in a rash and negligent manner, collided with the car of the deceased. As a result of the incident, the deceased sustained severe injuries and died on his way to the hospital.
4. A claim petition
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The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
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The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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