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2024 Supreme(Online)(KER) 17995

HIGH COURT OF KERALA
MARY JOSEPH, J
NATIONAL INSURANCE CO.LTD. – Appellant
Versus
RASIYA – Respondent


JUDGMENT

Dated this the 25th day of March, 2024 MACA No.1483 of 2016 is filed by the 3rd respondent, who was the insurer of the offending vehicle against the award passed by Motor Accidents Claims Tribunal, Vatakara (for short, ‘the Tribunal’).

2. Cross Objectors are claimants who are none other than the legal representatives of one Mr.Muhammed, who died due to the injuries sustained in a motor accident occurred on 23.10.2012. The quantum of compensation stood awarded by the Tribunal is under challenge in the appeal as well as in the cross objection.

3. For the sake of convenience, the parties to this appeal will hereinafter be referred to as petitioners 1 to 4 and respondents 1 to 3 in accordance with their status in the Original Petition.

4. According to the 3rd respondent, the Tribunal has overlooked the directions issued by the Apex Court in National Insurance Company Ltd. v. Pranay Sethi and Others [2017 (4) KLT 662 (SC)] while calculating compensation payable to the petitioners. According to him, that being the context, interference is warranted to reassess the compensation in tune with the directions of the Apex Court.

5. According to the Cross Objectors, the monthly income of t

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