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2024 Supreme(Ker) 715

M. B. SNEHALATHA
Mubarak S/o Abdul Hameed – Appellant
Versus
Divisional Manager the New India Assurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Nima Jacob, S. Seetha, Pratheesh P.
For the Respondent: Sebastian Varghese.

JUDGMENT :

M.B. SNEHALATHA, J.

1. Appellant is the claimant in OP(MV) No. 2354/2011 of Motor Accident Claims Tribunal, Kollam [hereinafter referred to as ‘the Tribunal’]. He has filed this appeal seeking enhancement of compensation awarded by the Tribunal.

2. For the sake of convenience, the parties shall be referred to as per their rank before the Tribunal as claimant and respondents.

3. On 17.03.2011, claimant met with a motor vehicle accident and sustained grievous injuries. Accident occurred due to the rash and negligent driving of R2, who was the driver of the offending lorry bearing Registration No. KL-3/B 642. R1 is the owner of the said lorry and R3 is the insurer of the said vehicle. Claimant approached the Tribunal seeking compensation of Rs. 20,00,000/-. By the impugned award, the Tribunal awarded a sum of Rs. 23,59,160/- as compensation with interest at 9% per annum. Dissatisfied with the amount awarded, the claimant has come in appeal seeking enhanced compensation.

4. Heard the learned counsel for both sides and perused the records.

5. It is not in dispute that on 17.03.2011, the claimant met with an accident. The evidence on record would show that the accident occurred due

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