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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.R.ANITHA, J
SMT.SUNITHA SURESH – Appellant
Versus
BINU ALIAS KUNJU – Respondent
| Table of Content |
|---|
| 1. facts surrounding the deceased's accident and claim process. (Para 2 , 3) |
| 2. arguments regarding the compensation multiplier and enhancement. (Para 11 , 12 , 21) |
| 3. court's assessment of multiplier application principles. (Para 16 , 19 , 28) |
| 4. determining liability regarding the insurance policy. (Para 20 , 30) |
| 5. final compensation decision and its distribution. (Para 41) |
JUDGMENT
This appeal is directed against the Award passed in O.P.(MV) No.29/2009 on the file of Motor Accident Claims Tribunal, Pala.
2. Appellants are the claimants in the above O.P.(MV) and the legal heirs of deceased Suresh Babu. The claim petition has been filed under Section 166 of Motor Vehicles Act, 1988 (in short the Act) claiming a total compensation of Rs.20 lakhs on account of the death of deceased Suresh Babu (hereinafter be referred as the deceased). The 1st appellant is the wife, 2nd appellant is the mother and appellants 3 and 4 are the minor children of the deceased.
3. The incident was on 30.06.2008 at about 4.30 p.m. near Kadaplamattom junction in Kidangoor-Kadaplamattom road, while the deceased was traveling in an autorickshaw bearing Reg.No.KL- 05/M 1403 driven by the 1st respond
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