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2024 Supreme(Online)(KER) 39153

HIGH COURT OF KERALA
Easwaran S., J
SOUMYA – Appellant
Versus
THE ORIENTAL INSURANCE COMPANY LIMITED – Respondent


Advocates:
V.A.OMANAKUTTAN, N.S.NAJEEB

JUDGMENT

The legal heirs of one late Sreekumar, has approached this Court being aggrieved by the compensation awarded by the Motor Accidents Claims Tribunal, Ernakulam in O.P.(M.V.) No.832 of 2019.

2. The brief facts of the case are as follows:

On 21.3.2019 at about 4 a.m., while the deceased Sreekumar was riding a motorcycle bearing Registration No.KL-32/M-5729 along Alappuzha-Ernakulam National Highway and when he reached near Ottappunna junction, an auto rickshaw bearing registration No.KL-07/BQ-2589 owned and ridden by the 1st respondent in a rash and negligent manner, hit on the motorcycle. Due to the impact of the accident, Sri. Sreekumar, sustained serious injuries and immediately taken to Taluk Hospital, Cherthala but succumbed to the injuries on the way to the hospital. The claimants contended that late Sri. Sreekumar was working as a Plumber and was earning a monthly income of Rs.30,000/-. In order to establish the vocation of late Sri. Sreekumar, the claimants produced A1 to A8 documents. Ext.A3 inquest report mentioned about the avocation of late Sri. Sreekumar and the information was gathered from examining the neighbours in the locality. Ext.A7 is the income certificate

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