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2016 Supreme(Ker) 768

C.T.RAVIKUMAR, K.P.JYOTHINDRANATH
ICICI Lombard General Insurance Co. Ltd. – Appellant
Versus
Amith Varghese (Minor) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. R. Ajith Kumar, Advocate
For the Respondent:Sri. A.N. Santhosh, Advocate

JUDGMENT :

C.T. Ravikumar, J.

1. In these appeals a question of importance emanates for consideration. The captioned appeals arise from the judgment and award of the Motor Accidents Claims Tribunal, Ernakulam dated 19.11.2013 in O.P.(M.V)No.327 of 2009. The former appeal has been preferred by the 3rd respondent insurance company challenging the quantum of compensation granted by the Tribunal on the ground that it is exorbitant. The latter appeal has been preferred by the petitioner through the next friend who is his father seeking enhancement of compensation contending that he has been deprived of just compensation. As per the impugned award, the Tribunal granted a total compensation of Rs. 7,02,000/- as against a claim of Rs. 10,00,000/-, with interest at the rate of 7% per annum from the date of petition till realisation. Since these appeals arise from the very same award, we have heard the appeals jointly and they are being disposed of by this common judgment. For the sake of convenience, the parties are referred to hereinafter in this judgment, in accordance with their original status before the Tribunal unless otherwise specifically mentioned.

2. We have heard Adv. Sri. A.N. Sant

























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