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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS
Manager, Cholamandalam Ms General Insurance Company Limited – Appellant
Versus
Reji Thomas – Respondent
| Table of Content |
|---|
| 1. factual background of the claim case. (Para 1 , 2 , 3) |
| 2. insurer's denial and defense arguments. (Para 4 , 6 , 8) |
| 3. evidence of negligence based on charge-sheet. (Para 9 , 10 , 11) |
| 4. determination of notional income of deceased. (Para 12 , 13 , 14 , 15 , 16) |
| 5. interest rate and compensation justification. (Para 18 , 19 , 20 , 21) |
| 6. dismissal of appeal by the court. (Para 22) |
JUDGMENT
C.S DIAS,J.
The third respondent-insurer in OP(MV)186/2019 of the Additional Motor Accident Claims Tribunal-I, Pathanamthitta is the appellant. The petitioners in the claim petition are the respondents in the appeal. The parties are, for the sake of convenience, referred to as per their status in the claim petition.
2. The petitioners had filed the claim petition under Sec.166 of the MOTOR VEHICLES ACT , 1988, claiming compensation on account of the death of Robin Reji (deceased)/the son of the petitioners 1 and 2 and the brother of the third petitioner. The petitioners have averred in the claim petition that, on 9.1.2019, while the deceased was riding a motorcycle bearing registration No.KL-03/AA 7619 on the Kottayam-Kottarakkara public road, when he reached near Kulanada junction, a l
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