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2022 Supreme(Online)(KER) 5456

HIGH COURT OF KERALA
SOPHY THOMAS, J
SUDINA – Appellant
Versus
MR.P.J.XAVIER – Respondent


Advocates:
SRI.A.S.P.KURUP SRI.SADCHITH.P.KURUP

J U D G M E N T

These appeals have been preferred by the claimants in OP (MV) Nos.456 of 2011 and 457 of 2011 on the file of Motor Accidents Claims Tribunal, Ernakulam, assailing the impugned awards on the ground of inadequacy of compensation.

2. On 10.10.2010 at about 9.30 p.m, while Sri.Jyothi Basu was riding his motorcycle carrying his wife and child on its pillion seat through Kacheripady junction, Ernakulam, KL- 7/AD 6705 motorcycle ridden by the 2nd respondent in a rash and negligent manner dashed against their motorcycle and they were thrown down on the road and they suffered serious injuries. The husband Sri.Jyothi Basu succumbed to the injuries on his way to the hospital. The wife Smt.Sudina, who was carrying for two months, sustained injuries in the accident and she had to abort her pregnancy because of the injuries suffered in the accident.

3. The 1st respondent is the owner, 2nd respondent is the rider, 3rd respondent is the insured and 4th respondent is the insurer of the offending motorcycle. The accident and policy of the offending motorcycle are not in dispute.

MACA No.2355 of 2012

4. The wife and child of the deceased Sri.Jyothi Basu are the appellants herein and accord

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