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2025 Supreme(Online)(Ker) 19961

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Rajan P. Kaliyath, A.R. Nimod, K.N. Rajani, JJ
Insurance Company – Appellant
Versus
claimants in O.P(MV) No.1358 of 2017 – Respondent


Advocates:
For the Appellants/Petitioners: Sri.Rajan P. Kaliyath
For the Respondents: Sri. A.R. Nimod, Smt. K.N. Rajani

Table of Content
1. court's reasoning on compensation calculation. (Para 22 , 24 , 25)
2. final judgment and compensation awarded. (Para 26)

JUDGMENT

The order of this Court shall dispose of three appeals, two filed by the Insurance Company and one filed by the claimants in O.P(MV) No.1358 of 2017 on the files of Motor Accidents Claims Tribunal, Irinjalakuda for enhancement of the compensation.

2. The brief facts necessary for the disposal of the appeal are as follows:-

On 25.05.2017, at about 4.50 p.m. while one Amal Roy was riding a car bearing Registration No. KL 46/G-3230 along with one Alphin George through Vallarpadam Container Road and when they reached near Mulavukad bridge they met with an accident when the car dashed against an illegally parked heavy goods vehicle bearing Registration No. KL 43/D-9868 violating the traffic rules since it was in a no parking area and in the middle of the highway very close to center median. The claimants of both deceased Amal Roy and Alphin George approached the Motor Accidents Claims Tribunal, Irinjalakuda by preferring two separate applications are under Section 166 of the Motor Vehicles Act . The claimants in O.P. (MV) No. 1358 of 2017 are

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