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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
THE ORIENTAL INSURANCE CO.LTD. – Appellant
Versus
UNNIKRISHNAN – Respondent
| Table of Content |
|---|
| 1. background of the motor accident case. (Para 1 , 2 , 3) |
| 2. arguments on deduction for personal expenses. (Para 4 , 9 , 10) |
| 3. court's review of evidence and tribunal's findings. (Para 5 , 6 , 7 , 8) |
| 4. compensation assessment in light of precedents. (Para 11 , 12) |
| 5. final modification of the compensation award. (Para 16) |
JUDGMENT
The aforesaid appeal under Section 173 of the Motor Vehicles Act, 1988 (the Act) has been filed by the third respondent/insurer, aggrieved by the Award dated 29/10/2019 in O.P. (MV) No.813/2017 on the file of the Motor Accidents Claims Tribunal, Tirur (the Tribunal). The respondents are the claim petitioners in the original petition. Cross Objection No.102/2021 has been filed by the claim petitioners. In this appeal and cross objection, 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 the deceased. According to the claim petitioners, on 22/05/2017 at about 01:10 p.m., deceased was riding his scooter bearing registration No.KL-10-AU-3099 from Kottookkara to Kondotty and when he reached near Kottookkara junction, bus bearing registration No.KL- 58-D
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