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2021 Supreme(Ker) 1224

ZIYAD RAHMAN A. A.
Beena, W/O. Late Ashokan – Appellant
Versus
Divisional Manager, M/s. Oriental Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.Pratheesh.P, Smt.Nima Jacob, Smt.S.Seetha
For the Respondent: Sri.VPK.Panicker

JUDGMENT :

Appellants are the petitioners in O.P.(MV).No.1841 of 2011 of Motor Accident Claims Tribunal, Kollam. This appeal is filed by the petitioners seeking enhancement of compensation. The claim petition was filed by them, seeking compensation for the death of one Ashokan due to the injuries sustained in a motor accident occurred on 21.07.2011. The accident occurred when the motor cycle on which the deceased was pillion riding was hit by a tempo trax vehicle, bearing registration No.KL-5G 9397. According to the appellants, the deceased was a mason, employed at Muscat and was earning a monthly income of Rs.20,000/-. He was aged 35 years at the time of accident. The total compensation claimed by the appellants/petitioners was Rs.10,00,000/-.

2. The respondent insurance company appeared and filed a written statement, admitting the coverage of policy; but disputed the liability on various grounds. The quantum of compensation was also seriously disputed.

3. The evidence in this case consists of Exts. A1 to A12. No oral evidence was adduced by either side.

4. After the trial, the Tribunal was pleased to pass an award allowing a total compensation of Rs.10,43,000/-and being the insurer,

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