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2023 Supreme(Ker) 690

ZIYAD RAHMAN A. A.
C. B. Vijaya – Appellant
Versus
Sivaraman (Deceased), S/o. Chami – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P, BABY MATHEW
For the Respondent: ADV.BABY MATHEW, K.C.SANTHOSHKUMAR, SRI.SAJAN VARGHEESE K., P.JACOB MATHEW, STANDING COUNSEL

JUDGMENT :

These appeals arise from the award dated 03.03.2014 passed by the Motor Accident Claims Tribunal, Palakkad, in OP(MV) No.278/2010. M.A.C.A. No.586/2015 is filed by the 2nd respondent in the claim petition, the owner of the vehicle involved in the accident, challenging the finding of the tribunal, exonerating the insurance company and directing the appellant therein to deposit the entire amount of compensation. M.A.C.A. No.357/2017 is filed by the claimants in the claim petition seeking enhancement of compensation. For convenience, the parties in these appeals are referred to as per their respective ranks in the claim petition.

2. The claim petition was submitted by the petitioners, who are the appellants 1 and 2 in MACA No. 357/2017, seeking compensation for the death of their son due to the injuries sustained in a motor accident that occurred on 23.08.2009. The deceased was aged 27 years at the time of the accident, and he was working as a driver with a monthly income of Rs.8,000/-. The accident occurred when he was run over by a bus while walking through the National Highway at about 1.30 p.m. on 23.08.2009. At the relevant time, the vehicle was being driven by the 1st r

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