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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
Regi (Died) Represented by Wife and Next Friend, Mini – Appellant
Versus
Harish, Rajeev, ICICI Lombard Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. facts surrounding the accident and the initial tribunal award. (Para 1 , 2 , 5 , 11) |
| 2. discussion on the negligence of driver and insurer's liability. (Para 8 , 9 , 10) |
| 3. findings on the inadequacy of awarded compensation for pain and suffering. (Para 14 , 15 , 16 , 20) |
| 4. final calculation and ruling on compensation to be awarded. (Para 22 , 23) |
JUDGMENT
The petitioner in O.P.(M.V.)No. 1673/2013 on the file of the Motor Accident Claims Tribunal-I, Kottayam is the appellant herein. The respondents in the O.P. are the respondents herein. The petitioner filed the above O.P. under Section 166 of the Motor Vehicles Act, 1988 , claiming compensation for the injuries sustained in the accident that occurred on 09.09.2013. During the pendency of the appeal, the petitioner died on 03.09.2020 and his legal representatives are impleaded as additional appellants 2 and 3.
2. According to the petitioner, on 09.09.2013 at about 10 a.m., while he was travelling in an auto rickshaw bearing Reg. No. KL-05/AE 9247, from Kottayam to Kumarakom road, a car bearing Reg. No. KL-05/AG 6768 driven by the 1st respondent dashed against his auto- rickshaw and he sustained serious injuries. The
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