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2025 Supreme(Ker) 2621

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoba Annamma Eapen
Oriental Insurance Co. Ltd. – Appellant
Versus
Rajasree V.P., W/O.Late Harikumar – Respondent


Advocates Appeared:
For the Petitioner: Sri.George Cherian (Sr.), Smt.Latha Susan Cherian, Smt.K.S.Santhi
For the Respondent: Sri.P.S.Appu, Sri.Arun Mathew Vadakkan, Sri.A.R.Nimod, Shri.A.N.Santhosh, Sri.T.C.Suresh Menon, Sri.Santheep Ankarath

JUDGMENT :

Shoba Annamma Eapen, J.

The core issue to be decided is whether the daughter, who is the owner of the offending vehicle, should be considered a ‘dependent’ for the purpose of calculating deduction towards personal expenses in determining compensation under the head loss of dependency and the deduction to be made against personal and living expenses is whether on the number of the family members or on the number of dependent family members.

2. The appeal has been filed by the third respondent insurer in OP(MV) No.183 of 2014 on the file of the Motor Accidents Claims Tribunal, Ottapalam, challenging the quantum of compensation awarded to the claimants. The respondents 1 & 2 herein were the claimants, the third respondent herein was the second respondent/owner of the offending vehicle and the fourth respondent herein was the supplemental sixth respondent/mother of the deceased before the tribunal.

3. Cross Objection No. 66 of 2017 in the appeal has been filed by the claimants, seeking enhancement of compensation awarded by the tribunal.

4. The parties are referred to as they are arrayed before the tribunal.

5. The case of the claimants was that on 22.07.2013, while the deceased w

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