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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
JASMIN AGED 54 YEARS, W/O.ABDUL KAREEM (LATE), VALIYAPEEDIYAKKAL HOUSE, KARUVATTA, POROOR P.O., MALAPPURAM DISTRICT – Appellant
Versus
RAJAN P.K. – Respondent
| Table of Content |
|---|
| 1. claim petitioners establish case for compensation due to motorcycle accident. (Para 2 , 3) |
| 2. tribunal's award discussed, leading to appeal for modification. (Para 4 , 5) |
| 3. arguments regarding enhancement of compensation assessed by the court. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. court's final ruling on compensation modifications articulated. (Para 12) |
JUDGMENT
This appeal has been filed under Section 173 of the Motor Vehicles Act , 1988 (the Act) by the claim petitioners in O.P.(MV) No.1191/2016 on the file of the Motor Accidents Claims Tribunal, Manjeri (the Tribunal), aggrieved by the amount of compensation granted by Award dated 13/05/2019. The respondents herein are the respondents 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 wife and children of deceased Abdul Kareem. According to the claim petitioners, on 12/01/2016 at about 11:00 a.m., while the deceased was riding motorcycle bearing registration no.KL-08-AC-2616 from Vaniyambalam to Wandoor, and when he reached Karikundi bypass junction, lorry bearing registration no.KL-08/BD-641 driven by the first
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