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2016 Supreme(Ker) 808

P.R.RAMACHANDRA MENON, ANIL K.NARENDRAN
NEW INDIA ASSURANCE COMPANY LTD. – Appellant
Versus
VIJAYAN – Respondent


Advocates Appeared:
For the Appellant : K.K.M. Sheriff, A.A. Ziyad Rahman and Lal K. Joseph.
For the Respondent: George Varghese.

JUDGMENT :

P.R. RAMACHANDRA MENON, J.

1. The course pursued by the Tribunal in granting a total compensation of Rs. 5,14,250/- in respect of the demise of a minor boy aged 13 years is sought to be challenged by the insurance company, contending that the multiplier taken by the Tribunal is on the higher side and that deduction towards the probable personal expenses has been made only to an extent of 1/3rd, which, according to the company, should have been 50%, as it is claimed by the parents and the sibling. The sequence of events narrated in the appeal reveals that the accident was on 26/08/2004. The minor boy was proceeding along the road when he was knocked down by an autorickshaw bearing No. KL.04.G.3423 owned, driven and insured by respondents 1 to 3 before the Tribunal, causing fatal injuries. Despite the treatment availed for several days, his life could not be saved and he succumbed to the injuries on 02/09/2004 bidding farewell to this world. This was sought to be compensated by filing the claim petition by the parents and the minor sister.

2. The claim was contested by the insurance company with reference to the quantum of compensation payable and negligence. No violation of





























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