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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.SUDHA
Abhilash S/o. Vinukumar – Appellant
Versus
MACA No. 526 Of 2020 – Respondent
JUDGMENT :
C.S. SUDHA, J.
This appeal under Section 173 of the Motor Vehicles Act, 1988 (the Act) has been filed by the claim petitioner in O.P. (MV) No.164/2015 on the file of the Motor Accidents Claims Tribunal, Neyyattinkara, (the Tribunal), aggrieved by the amount of compensation granted by Award dated 25/09/2019. The sole respondent herein is the third respondent 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 claim petitioner, on 02/01/2015 at 09:30 am, while he was walking along the Balaramapuram-Kattakada public road, motorcycle bearing registration no. KL-20-G-8734, ridden by the second respondent, rashly and negligently knocked him down causing grievous injuries to him.
3. The first respondent/owner and the second respondent/rider remained ex parte.
4. The third respondent/insurer filed written statement admitting the existence of a valid policy in respect of the offending vehicle, but contended that the amount claimed was exorbitant.
5. Before the Tribunal, no oral evidence was adduced by either side. Exts.A1 to A12 were marked on the side of the claim petitioner. No documentary evide
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Section 168 of the Motor Vehicles Act, 1988 deals with the concept of ‘just compensation’ and the same has to be determined on the foundation of fairness, reasonableness and equitability on acceptabl....
Court found that the Tribunal's assessment of notional income and disability was inadequate, resulting in an enhanced compensation award.
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