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2023 Supreme(Ker) 104

DEVAN RAMACHANDRAN
Kalukutty W/o. Pazhanam – Appellant
Versus
P. M. John S/o. Mathai – Respondent


Advocates Appeared:
For the Appellant : P.V. Baby, A.N. Santhosh.
For the Respondent: Alex Antony Sebastian P.A.

JUDGMENT :

The appellant, a lady of 61 years, was traveling in a bus owned by the Kerala State Road Transport Corporation (KSRTC) on 24.08.2006, when, on account of a rash application of brake by its driver, she was thrown of from her seat, thus suffering grievous injuries.

2. The appellant asserts that she had to undergo extensive treatment, being bedridden and under extreme trauma, for a long period of time; and therefore, that she was justified in having approached the Motor Accidents Claims Tribunal, Irinjalakuda (‘Tribunal’ for short), by filing O.P(MV)No.886 of 2008, seeking compensation of nearly Rs.2 Lakhs; but which has been allowed by the Tribunal, by grant of a mere Rs.40,214/-.

3. The appellant predicates that the amount granted by the Tribunal is so exiguous, that it obtains no reasonable nexus to the injury which she suffered, particularly because her future life has been very severely impaired. She thus prays that the impugned Award of the Tribunal be set aside and the amounts sought for by her be granted.

4. In response to the afore submissions of Sri. P.V. Baby – learned counsel for the appellant, Sri. Alex Antony Sebastian – learned Standing Counsel for the KSRTC, veh

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