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2025 Supreme(Online)(Ker) 19498

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anupama Johny, Deepa George, JJ
KUMARAN **(DECEASED) – Appellant
Versus
NATIONAL INSURANCE CO. LTD – Respondent


Advocates:
For the Appellants/Petitioners: Smt.Anupama Johny
For the Respondents: Smt.Deepa George

Table of Content
1. the petitioners are the dependents of the deceased. (Para 1 , 2 , 3 , 4)
2. court's evaluation and adjustment of compensation awarded. (Para 5 , 6 , 7 , 16 , 17 , 18 , 19 , 20 , 21 , 22)
3. arguments on dependency rights of major children and grandchildren. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15)
4. final order on compensation and payment directives. (Para 23 , 24)

JUDGMENT

Dated : 5th March, 2025 The petitioners in OP(MV).1048/2010 on the file of the Motor Accidents Claims Tribunal, Perumbavoor are the appellants. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal).

2. The petitioners are the children and grandchildren of deceased Ayyappan, who died in a motor vehicle accident that occurred on 9.5.2010. According to the petitioners, on 9.5.2010 at about 5.00 pm while the deceased was walking along the side of Angamaly – Manjappra road, a car bearing registration No.KL-7/AZ/8031 driven by the 2nd respondent in a rash and negligent manner hit him down and as a result of which, he sustained serious injuries and he succumbed to the injuries on the next day. The 1st respondent is the owner and 3rd respondent is the i

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