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2017 Supreme(Ker) 1115

C.K.ABDUL REHIM, K.P.JYOTHINDRANATH
Valsamma – Appellant
Versus
V. A. Baiju – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:K.A. Hashim, Advocate
For the Respondents:Lal George, Advocate

JUDGMENT :

Abdul Rehim, J.

1. The claimants as well as the insurance company are in appeal against an award of the Motor Accidents Claims Tribunal, Kottayam in O.P.(M.V.)No.393/2006. Challenge in both these appeals are against the justifiability of the quantum of compensation awarded. When the insurance company is contending that the amount awarded is excessive, the claimants are contending that it is insufficient and inadequate. There is no dispute in both these appeals against the findings of the Tribunal on the aspects of negligence and liability of the insurance company.

2. The accident in question occurred on 25.12.2005. A youngster aged 23 years, who was riding on a motorcycle, was hit by a car, which was insured with the appellant in MACA No. 921/2010. The Tribunal found that the driver of the car was negligent and hence the insurance company is liable to pay the amount of compensation. Contention of the appellant/insurance company is mainly on the aspect that the income adopted by the Tribunal for computing the loss of dependency is on the higher side. Learned standing counsel of the appellant/insurance company pointed out that, as on the date of the accident, the person died














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