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2023 Supreme(Online)(KER) 9266

HIGH COURT OF KERALA
Devan Ramachandran, J
GEETHA VARMA – Appellant
Versus
NEW INDIA ASSURANCE COMPANY LTD. – Respondent


Advocates:
SRI.GEORGE CHERIAN (SR.), SMT.LATHA SUSAN CHERIAN, SMT.K.S.SANTHI, SRI.AKHIL S.VISHNU, SRI.P.N.SUKUMARAN, D.CHANDRASENAN

JUDGMENT

Smt.Geetha Varma was a trainer in banking and allied fields. On 05.10.2013, she was hit by an offending motorcycle, ridden in a very rash and negligent manner, while she was waiting for a bus at the Aluva Arogyalayam stop. She suffered very grievous injuries and had to be hospitalised and treated as an inpatient for several days, leading to complete loss of her cognitive faculties and resultant loss of employment; thus, constraining her to file OP(MV)No.760/2014 before the Motor Accidents Claims Tribunal, Ernakulam (the 'Tribunal' for short), seeking compensation of an amount of Rs.1,05,23,000/-, limited to Rs.75,00,000/-; but which has been allowed to a sum of Rs.56,63,200/-.

2. The New India Assurance Company Limited – which insured the offending motorcycle, however, filed this appeal impugning the afore Award of the Tribunal, as being excessive.

3. Smt.K.S.Santhi – learned Standing Counsel for the appellant – Insurance Company, argued that the notional income adopted by the learned Tribunal in favour of

4'

Smt.Geetha Varma is too high; while the multiplier adopted by it, for the purpose of reckoning the compensation under the head “Disability”, is much more than what is lega

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