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2017 Supreme(Ker) 577

SHIRCY V., C.K.ABDUL REHIM
ICICI LOMBARD GENERAL INSURANCE COMPANY – Appellant
Versus
KUNJANNAMMA M. – Respondent


Advocates Appeared:
For the Appellant : SRI. AGI JOSEPH.
For the Respondents: SRI. V.B. PREMACHANDRAN & SRI. T.K. KOSHY.

JUDGMENT :

C.K. ABDUL REHIM, J.

1. The second respondent in O.P. (MV) No. 167/2009 on the files of the Motor Accidents Claims Tribunal, Kottayam is the appellant herein, challenging the quantum of compensation awarded by the Tribunal as excessive. The petitioners/claimants 1 to 3 before the Tribunal, had filed Cross-Objection seeking enhancement of the amount of compensation awarded.

2. In the accident in question, which occurred on 11.10.2008, the deceased sustained very serious injuries to which he had succumbed to death on 27.10.2008. With respect to the findings of the Tribunal that the accident occurred due to the negligence of the driver of the offending vehicle, which is insured with the appellant and hence the appellant is liable to pay the amount of compensation, there is no dispute in the appeal. The only challenge of the appellant is that the amount awarded under different heads are excessive and that the tribunal had awarded litigation cost, erroneously. The cross-objector is contending that the amount awarded under various heads are inadequate and insufficient.

3. The deceased was working as a Ration Inspector in the Civil Supplies Department of the State Government. He wa












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