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2025 Supreme(Ker) 1516

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.SUDHA
Oriental Insurance Co. Ltd. – Appellant
Versus
Baby W/o. Chandrasekharan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : GEORGE CHERIAN (SR.), K.S.SANTHI, ALEXY AUGUSTINE
For the Respondent: M.SHAJNA, K.M.FIROZ(K/1714/2000)

Table of Content
1. factual background of the case (Para 1 , 2 , 3)
2. arguments regarding compensation and income assessments (Para 4 , 9)
3. court's observations on evidence and awards (Para 5 , 6 , 8 , 11)
4. legal reasoning regarding income fixation (Para 7 , 10)
5. final decision and modifications to compensation (Para 12)

JUDGMENT :

C.S. SUDHA, J.

The aforesaid appeal has been filed under Section 173 of the MOTOR VEHICLES ACT , 1988 (the Act) by the 3rd respondent/insurer in O.P.(MV) No.472/2016 on the file of the Motor Accidents Claims Tribunal, Kollam, (the Tribunal), aggrieved by the amount of compensation granted by Award dated 12/07/2019. The respondent herein is the claimant in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition.

2. According to the claimant, on 22/08/2015 at 08:30 p.m., while deceased Ratheesh was riding motorcycle bearing Registration No.KL-020K-7479 from west to east through Paravoor-Paripally road and when he reached LP School Koonayil, a Tavera car bearing registration No.KL-01-AF-6066 coming from the opposite side driven by the 2nd respondent in negligent manner knocked him down causing g

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