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2016 Supreme(Ker) 900

C.T.RAVIKUMAR, K.P.JYOTHINDRANATH
Mariamma James – Appellant
Versus
Alphones Antony – Respondent


Advocates Appeared:
For the Appellant :A.P. Subhash, Advocate
For the Respondent:Sri. Johnson P. John, Advocates, Raji T. Bhaskar, Advocate, M.A. George, Advocate

JUDGMENT :

C.T. Ravikumar, J.

This appeal is preferred by the legal heirs of one James Joseph who lost his life in a motor vehicle accident, on being aggrieved by and dissatisfied with the quantum of compensation granted by the Additional Motor Accidents Claims Tribunal, Kottayam as per the judgment and award in O.P.(M.V.)No.1684/2011. The unfortunate incident occurred on 20.12.2009. On that fateful day at about 10.30 a.m. Sri. James Joseph was walking through Changanacherry - Vazhoor Road and when he reached near Madukkummoodu a motor vehicle bearing registration No.KL-33/A 5821 came from east and knocked him down. On sustaining severe injuries he was taken to Pushpagiri Medical College Hospital, Thiruvalla. While undergoing treatment he died on 11.03.2010. He was then aged 64 years. It is in the said circumstances that the appellants who are his widow and children filed the claim petition under Section 166 of the Motor Vehicles Act seeking a total compensation of Rs.10 lakhs. No oral evidence was adduced by both sides before the Tribunal. On the side of the appellants they got marked Exts.A1 to A6 and no documentary evidence was also adduced by the respondents. The Tribunal evaluat
















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