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2023 Supreme(Ker) 583

MURALI PURUSHOTHAMAN
Royal Sundaram Alliance Insurance Company Limited – Appellant
Versus
V. S. Sujatha, W/o. Late Krishnankutty – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.MATHEWS JACOB (SR.), SRI.P.JACOB MATHEW
For the Respondent: SMT.AYSHA ABRAHAM, SMT.G.MAHESWARY, SRI.R.V.SREEJITH, SRI.ZAKEER HUSAIN M.K.

JUDGMENT :

Since both the appeals arise from the award dated 03.08.2015 in O.P. (M.V) No.936/2006 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram, they are disposed of by this common judgment. The parties are referred to as per their status in the claim petition.

2. M.A.C.A No.535 of 2016 is preferred by the 3rd respondent insurance company contending that the compensation awarded by the Tribunal is excessive. M.A.C.A No. 3849 of 2016 is filed by petitioners 2 and 3 aggrieved by the ratio of apportionment of compensation among the petitioners.

3. The petitioners are the legal heirs of one Krishnankutty who died in a motor vehicle accident occurred on 28.12.2005. The deceased Krishnankutty was in the service of the Kerala Public Service Commission (KPSC) at the time of the accident. The 1st petitioner claims that she is the legally wedded wife of the deceased and petitioners 2 and 3 are the children of the deceased in his divorced wife. According to the petitioners, on 28.12.2005, while the deceased was travelling along the NH 47 from Thrissur to Palakkad in a car

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