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2025 Supreme(Ker) 2757

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN
Chinna W/o Late Changan – Appellant
Versus
Sukumaran S/o Krishnankutty – Respondent


Advocates Appeared:
For the Appellants : Sheji P. Abraham, Thushara Paily
For the Respondents: C. Harikumar, Dinesh Mathew J. Muricken, Renjith Rajappan, Harikrishnan

Table of Content
1. claimants' case based on an accident leading to death. (Para 3)
2. discussion on compensation enhancement and income calculation. (Para 4)
3. court's rationale for decision-making on claims and multipliers. (Para 5)
4. court's observation on liability and compensation awards. (Para 6 , 7)
5. final disposition of appeal with remand of liability issues. (Para 8 , 9)

JUDGMENT :

1. This appeal has been filed by the appellants/claimants in O.P.(MV) No.1320 of 2011 on the files of the Motor Accident Claims Tribunal, Thrissur seeking enhancement of compensation awarded by the Tribunal. The respondents herein are the respondents before the Tribunal.

3. The driver and owner of the offending vehicle who were arrayed as 1st and 2nd respondents respectively remained ex parte before the tribunal. The 3rd respondent, insurer, contested the petition and filed a written statement admitting the insurance policy and contended that at the time of the accident, the 1st respondent did not have a valid driving licence and the 2nd respondent had violated the policy condition. Further, they disputed the quantum of compensation claimed and the age of the deceased. Exts.A1 to A7 and Ext.B1 polic

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