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2026 Supreme(Ker) 352

IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN
Santha Gopinatha Menon, W/O.Late Gopinatha Menon – Appellant
Versus
Deputy Director, Health And Family Welfare Service – Respondent


Advocates Appeared:
For the Petitioner: Sri.T.K.Koshy, Sri.Abe Rajan
For the Respondent: Government Pleader, Shri.Thomas Mathew Nellimoottil, Sri. Shameer P M -Gp

JUDGMENT :

Shoba Annamma Eapen, J.

Spoke. The original judgment dated 02.03.2026 is recalled. I have heard both sides and the appeal is disposed of as follows:

2. This appeal has been filed by the claimants in OP(MV) No.453 of 2006 on the files of the Motor Accidents Claims Tribunal, Muvattupuzha, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

3. The case of the claimants was that on 03.12.2001, while the deceased was accompanying the dead body of his brother in an ambulance bearing Reg.No.KL-IN-1153 driven by the third respondent in a rash and negligent manner, the ambulance hit against a tree, whereby he sustained fatal injuries and succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of Rs.4,50,000/-.

4. The first respondent/owner of the offending vehicle filed a written statement, stating that the application is bad for non-joinder of necessary parties. The third respondent/driver of the offending vehicle remained ex parte before the tribunal. The second respondent/insurer filed a written statement, admitting the policy coverage for the offending

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