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2015 Supreme(Ker) 357

T.R.RAMACHANDRAN NAIR, P.V.ASHA
SAJI MATHEW – Appellant
Versus
AJITHKUMAR – Respondent


Advocates Appeared:
For the Appellant : SRI.THOMAS M.JACOB
For the Respondent: SRI.A.P.SUBHASH, SRI.A.C.DEVY, SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURAL UNIVERSITY, K.P.MUJEEB

JUDGMENT :

Ramachandran Nair, J.

Both these appeals arise from the award in O.P.No.379/2008 of the Motor Accidents Claims Tribunal, Pala. M.A.C.A.No.689/2010 is filed by the claimant represented by his wife as next friend aggrieved by the inadequacy of compensation. M.A.C.A.No.2137/2010 is filed by the Insurance Company, which was the fourth respondent before the Tribunal. We will refer to the parties as arrayed before the Tribunal.

2. First we will come to the appeal filed by the Insurance Company.

3. We heard the learned Senior Counsel for the Insurance Company Sri.Mathews Jacob, the learned counsel for the claimant Sri.Thomas M.Jacob and the learned counsel for the respondents Sri.Ravi Sanker P.K. and Sri.Babu Joseph Kuruvathapzha, the learned standing counsel for the respondent Kerala Agricultural University (the owner of the vehicle). In the connected appeal M.A.C.A.No.689/2010, we also heard Sri.A.C.Devi, the learned counsel for the Insurance Company.

4. Before going to the respective contentions, we will refer to the facts leading to the passing of the award. The accident occ










































































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