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2021 Supreme(Online)(KER) 30182

HIGH COURT OF KERALA
A. BADHARUDEEN, J
T.VIJI – Appellant
Versus
K.RAMACHANDRAN PILLAI – Respondent


Advocates:
SRI.P.JACOB MATHEW, SC SRI.MATHEWS JACOB, SR.SC SRI.N.K.KARNIS SRI.MATHEWS JACOB, SR.SC SRI.JACOB MATHEW, SC

JUDGMENT

M.A.C.A.No.2349/2013 is an appeal filed by the additional petitioners 2 to 5 in O.P. (M.V) No.1149/2007 on the file of Motor Accidents Claims Tribunal, Palakkad challenging award dated 06.06.2013 in the above case, on the ground of insufficiency of compensation. 2. Whereas, M.A.C.A. No.85/2014 is one filed by the original 3rd respondent, the Insurance Company, challenging the quantum of compensation granted by the Tribunal on the ground that the same is excessive on some heads.

3. Heard both sides.

4. Brief facts of the case:

One Sajith Chandran died in consequence of a motor accident occurred on 16.11.2006 at 10:30 p.m. when he was hit down by a bus bearing registration no.KL-25/369 driven by the original 2nd respondent in a rash and negligent manner when the above said Sajith Chandran was riding on his motor cycle. The above said Sajith Chandran sustained serious injuries and he underwent treatment thereafter. However, he died on 14.12.2007 in consequence of accidental injuries.

5. Initially above said Sajith Chandran filed O.P.(M.V) No.1149/2007 claiming compensation for the injuries. Thereafter his death, additional petitioners viz., wife, children and the mother got imple

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