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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
BHARTI AXA GENERAL INSURANCE COMPANY LTD. – Appellant
Versus
RAFEEQUE C., M.ZEENATH, MUHAMMED RASHID.M. – Respondent
| Table of Content |
|---|
| 1. claim petitioners' background and the accident details. (Para 1 , 2) |
| 2. parties' involvement and insurer's defense. (Para 3 , 4 , 5 , 6) |
| 3. tribunal's findings and awarded compensation. (Para 7 , 8) |
| 4. court's consideration of appeal and arguments. (Para 9) |
| 5. court's modification of compensation and reasoning. (Para 11 , 13) |
J U D G M E N T
This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (the Act) by the third respondent/insurer in O.P.(MV) No.863/2016 on the file of the Motor Accidents Claims Tribunal, Thalassery (the Tribunal), aggrieved by the amount of compensation granted by Award dated 20/08/2019. The respondents herein are the claim petitioners in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition.
2. The claim petitioners are the parents and brother of deceased Muhammed Sinan, aged 6 years. According to the claim petitioners, on 31/01/2016 while the deceased was walking through the extreme side of the public road at the place of accident, scooter bearing registration no.KL-13AB/8201 ridden by the second respondent in a rash and negligent manner knocked him down as
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