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2022 Supreme(Online)(KER) 31532

HIGH COURT OF KERALA
SANTHA – Appellant
Versus
V.G.SHANOJ – Respondent


JUDGMENT

This appeal has been preferred by the claimants in OP(MV) No.335 of

2016 on the file of the Motor Accidents Claims Tribunal, Ottapalam, challenging the quantum of compensation awarded under various heads.

2. The appellants are the legal heirs of deceased Jayanandan, who succumbed to the injuries sustained in a road traffic accident occured on 24.12.2015. He was traveling in KL-08/BG-5788 car driven by the 1st respondent through Thrissur-Chalakudy National Highway. Due to the rash and negligent driving of the car by its driver, it dashed against the divider and the accident occured. Sri.Jayanandan sustained serious injuries and he was rushed to hospital. But he succumbed to the injuries on 26.12.2015.

3. The appellants are the wife and sister of the deceased. They filed an application for compensation under Section 166 of the Motor Vehicles Act claiming compensation of Rs.20,00,000/-. No oral evidence was adduced from either side. Exts.A1 to A7 were marked from the side of claimants.

The Tribunal awarded only Rs.11,36,000/-.

4. The accident and death of Sri.Jayanandan are not disputed. The

3rd respondent Insurance Company is admitting the Policy, which was valid at the time of acc

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