HIGH COURT OF KERALA
Devan Ramachandran, J
ASWIN EMERSON MATHEWS @ ASWIN EMERSON, – Appellant
Versus
THE BRANCH MANAGER, – Respondent
JUDGMENT
[CO Nos.179/2022, 58/2017, 74/2017, 22/2020]
I am considering these appeals and the Cross Objections filed in them together, since all of them arise out of the same accident, in which two minor children were involved.
2. One of the aforementioned minor children, by name Depu John Philip, was killed in the accident; while the other child, Aswin Emerson Mathews was injured.
3. The parents of late Depu John Philip filed OP(MV)
No.534/2006 before the Motor Accidents Claims Tribunal, Pathanamthitta, seeking compensation to the extent of Rs.15,00,000/-, which has been awarded at a sum of Rs.15,89,356/-. The Insurance Company has filed MACA No.58/2017 impugning the Award as being excessive; while the claimants have filed CO No.179/2022, asserting that the sum awarded is inadequate.
4. While so, Sri. Aswin Emerson Mathews - who was injured in the accident, filed OP(MV) No.1033/2006 before the same Tribunal, seeking compensation of an amount of Rs.4,59,000/-, limited to Rs.3,00,000/- for his injuries; but which has been awarded to a sum of only Rs.1,41,830/-. The Insurance Company, however, assail this Award, through MACA No.74/2017, saying it is excessive; while CO No.22/2020 has been
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