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2018 Supreme(Ker) 1531

K.HARILAL
Kamala M. V. – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. M.V. Amaresan, Advocate
For the Respondent:Mr. T.V. Ajayakumar and Sri. John Joseph Vettikad, Advocates

JUDGMENT :

K. Harilal, J.

Appellants are the petitioners in O. P. (MV) No. 161 of 2004 on the files of the Motor Accidents Claims Tribunal,(hereinafter referred to as 'the Tribunal'), Thalassery. The said Original Petition was filed under Section 166 of the Motor Vehicles Act, 1988, claiming a total sum of Rs. 10,00,000/- as compensation for the damage caused by the death of the deceased.

2. The appellants are the legal representatives of the deceased by name 'Mukundan'. After considering the evidence on record and the contention raised by the respondents resisting the claim, the Tribunal passed the impugned award granting a compensation of Rs. 3,44,000/- with 7. 5% interest to the appellants. The inadequacy of the quantum of compensation under various heads of claim is challenged in this appeal.

3. According to the impugned award, the deceased Mukundan met with an accident, when he was riding a motorcycle. When he reached the place of accident, the offending vehicle driven by the 2nd respondent, owned by the 1st respondent and insured with the 3rd respondent, hit the motorcycle and as a result of the hit, he fell down and sustained grievous injuries. He succumbed to the injuries, afte

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