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2016 Supreme(Ker) 495

C.T.RAVIKUMAR, K.P.JYOTHINDRANATH
NATIONAL INSURANCE COMPANY LTD. – Appellant
Versus
RAMLA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI.E.M.JOSEPH
For the Respondent: SRI.ZUBAIR PULIKKOOL

JUDGMENT :

Jyothindranath, J.

M.A.C.A.No.343 of 2011 is filed by the National Insurance Company Ltd./the 3rd respondent in O.P.(M.V)No.792 of 2008 on the files of the Court of Motor Accidents Claims Tribunal, Vatakara. Cross Objection No.77 of 2011 is filed by the respondents/claimants in the above appeal.

2. A motor vehicle accident occurred on 10.5.2008 near Orkkatteri Service Station. The deceased Ismail sustained very grievous injuries in the said motor vehicle accident and succumbed to the injuries. The wife, children and aged father of the deceased moved the above referred claim petition before the Tribunal for a total compensation of 25,00,000/-, alleging negligence on the side of the driver of the Jeep as cause of the accident and further arraigned the driver, owner and insurance company of the said vehicle as respondent Nos.1 to 3 respectively. The Tribunal found that the accident occurred due to the negligence of the driver of the Jeep and awarded a total compensation of 11,83,000/-. The Tribunal considered the monthly income of the deceased as 12,000/-. Aggrieved by the quantum of compensation awarded by the Tribunal, the Insurance Company filed M.A.C.A.No.343 of 2011. The






















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