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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoba Annamma Eapen, J
VINOD – Appellant
Versus
SHERLYMOL @ THANKACHI – Respondent
| Table of Content |
|---|
| 1. summary of facts leading to the appeal. (Para 1 , 2) |
| 2. tribunal's initial compensation award details. (Para 3) |
| 3. arguments regarding insurance liability and policy interpretation. (Para 4 , 5 , 6) |
| 4. court's observations on evidence and liability. (Para 7) |
| 5. claimants' arguments for compensation enhancement. (Para 8 , 9) |
| 6. final order on compensation and remand. (Para 10) |
JUDGMENT
Since these two appeals arise from the very same award dated 31.03.2009 in O.P.(MV) No.822 of 2003 on the file of the Motor Accidents Claims Tribunal, Alappuzha, these appeals are heard together and being disposed of by this judgment. M.A.C.A.No.2164 of 2014 is filed by the appellant/1st respondent(owner) in the O.P challenging the liability fastened upon them to pay the compensation awarded by the tribunal, whereas M.A.C.A.No.297 of 2015 is filed by the appellants/claimants 1-3 in the O.P, dissatisfied with the quantum of compensation awarded by the Tribunal.
2. According to the claimants, on 05.06.2003 at about 07.45 pm, while the deceased was pillion riding in the motorcycle bearing registration no. KL-8/C - 388, driven by the 2nd respondent, when reached the place of accident, the motor
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