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2025 Supreme(Ker) 2872

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN
Managing Director, KSRTC Kerala State Road Transport Corporation, Thiruvananthapuram – Appellant
Versus
Aby Thomas @ Biju – Respondent


Advocates Appeared:
For the Appellant : Sri. Joy George, SC, K.S.R.T.C., Shri. Alex Antony Sebastian P.A.
For the Respondents: Sri. Jossy Kurian.

Table of Content
1. accident details and compensation claims (Para 1 , 2 , 3)
2. court's observations on compensation (Para 4 , 6 , 8)
3. arguments on calculation of compensation (Para 5)
4. legal basis for compensation enhancement (Para 7)
5. final decision on appeals (Para 9)

JUDGMENT :

M.A.C.A. No.616 of 2013 is filed by the 1st respondent, Kerala State Road Transport Corporation (for short, ‘KSRTC’), in OP(MV) No.1955 of 2008 on the files of the Motor Accidents Claims Tribunal, Kottayam challenging the quantum of compensation awarded by the Tribunal. The respondents herein were the claimants and respondents 2 and 3 before the tribunal. M.A.C.A. No.1102 of 2023 is filed by the claimants in the afore OP(MV) seeking enhancement of compensation amount awarded by the Tribunal.

On 26.05.2008, while the deceased was travelling as a pillion rider in a motorcycle bearing No.KL 07/BF 6110 ridden by her husband along the Thalayolaparambu – Kottayam road, a KSRTC bus bearing No.KL 15/5619 driven by the 2nd respondent in a rash and negligent manner hit on the rear side of the motorcycle and the deceased fell down and the left rear wheel of the bus ran over her body and she succumbed to the injuries

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