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2022 Supreme(Online)(KER) 52419

HIGH COURT OF KERALA
SOPHY THOMAS, J
K.G.UDAYA KUMAR – Appellant
Versus
JAMES T.J – Respondent


Advocates:
SRI.V.P.PRASAD, T.S.SHYAM PRASANTH, SRI.P.JACOB MATHEW, T.K.SASINDRAN, A.R.GEORGE

J U D G M E N T

This appeal has been preferred by the claimants in OP(MV) No.2077 of 2012 on the file of Motor Accidents Claims Tribunal, Ernakulam alleging inadequacy of compensation granted in the impugned award dated

31.07.2014.

2. The appellants are the parents of deceased Vaishnav, who was a 19 year old Engineering student at Rajagiri College of Engineering, Kakkanadu. On 05.05.2012, at 2.30 p.m., while he was pillion riding a motorcycle through Palarivattom - Kaloor public road, KL-07/BN-2300 stage carriage driven by the 1st respondent in a rash and negligent manner, hit on the handlebar of the motorcycle, which was ridden by the 4th respondent. Due to that impact, Sri.Vaishnav was thrown down on the road and the wheel of the bus ran over him, causing his instantaneous death.

3. The 1st respondent was the driver, the 2nd respondent was the owner and the 3rd respondent was the Insurer of the offending bus.

4. The appellants approached the Tribunal claiming compensation of Rs.45,00,000/-. PW1 was examined and Exts.A1 to A13 were marked from the side of the appellants/claimants to substantiate their claim. Learned Tribunal on analysing the facts and evidence, awarded compensation of

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