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2019 Supreme(Ker) 1094

P.B.SURESH KUMAR
National Insurance Company Limited – Appellant
Versus
Roopitha (Died) – Respondent


Advocates Appeared:
For the Appellant : Sri. P. Jacob Mathew.
For the Respondents: Sri. Babu Karukapadath, Smt. M.A. Vaheeda Babu, Sri. P.U. Vinod Kumar, M.A. Vaheeda Babu.

JUDGMENT :

Appellant seeks review of the judgment.

2. The appellant was the insurer in a proceedings for compensation before the Motor Accidents Claims Tribunal challenging the quantum of compensation fixed by the Tribunal for the claimant. There was a cross objection also in the appeal by the claimant challenging the inadequacy of the compensation. This court disposed of the appeal and the cross objection in terms of the judgment sought to be reviewed.

3. The relevant facts are the following: The claimant sustained serious injuries in a motor accident occurred on 12.01.2009. She was an employee in an Airlines company earning a monthly salary of Rs.4,950/-. At the time of accident, the claimant was aged 22 years. Rs.70,00,000/- was the claim made in the proceedings. As against the said claim, the Tribunal has granted Rs.46,80,916/- by way of compensation. As noted, both the insurer and the claimant were aggrieved by the said decision of the Tribunal.

4. It has come out that the Medical Board has assessed the permanent disability of the claimant at 100%. This Court found that while computing the compensation payable to the claimant for loss of earning capacity, the Tribunal has not adde

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