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2025 Supreme(Online)(Ker) 48419

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
Reliance General Insurance Company – Appellant
Versus
M. Sarojam – Respondent


Advocates:
For the Appellants/Petitioners: Sri. Mathews Jacob (Sr.), Sri. P. Jacob Mathew
For the Respondents: Sri. P. Abdul Razak, Sri. R. Nikhil

Table of Content
1. establishing facts regarding the accident leading to a fatality. (Para 2 , 3)
2. assessment of compensation due to established negligence. (Para 4 , 6)
3. calculation adjustments based on legal precedent regarding future prospects and compensation heads. (Para 7 , 12 , 15)

JUDGMENT

Dated this the 09th day of January, 2025

The 3rd respondent in OP (MV).No.747 of 2009 on the file of the Motor Accidents Claims Tribunal, Neyattinkara is the appellant herein. The petitioners in the O.P.(MV) are the cross objectors. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the Tribunal)

2. The petitioners are the wife, children and parents of deceased by name Thomas, who died on 03.05.2008 in pursuance to the injuries sustained in a motor vehicle accident that occurred on 30.04.2009. The petitioners filed the O.P under Section 166 of the Motor Vehicles Act claiming compensation. According to the petitioners, while the deceased was standing on the side of the public road, a goods vehicle bearing Registration No.KL-01-AH-3287, driven by the 2nd respondent in a rash and negligent manner, hit him down. As a result of the accident, he susta

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