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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
N. SARASWATHY – Appellant
Versus
VINOTH V – Respondent
| Table of Content |
|---|
| 1. details surrounding the accident and the claims involving the deceased's family. (Para 2 , 4 , 5) |
| 2. court's observations and findings on the negligence and original compensation. (Para 6) |
| 3. arguments relating to the adequacy of the compensation based on notional income. (Para 9) |
| 4. court's reasoning leading to the change in compensation based on precedent. (Para 10) |
| 5. final decision to enhance the compensation awarded to the claimants. (Para 11) |
JUDGMENT
This appeal under Section 173 of the Motor Vehicles Act, 1988 (the Act) has been filed by the claim petitioners in O.P.(MV) No.339/13 on the file of the Motor Accidents Claims Tribunal, Neyyattinkara (the Tribunal), aggrieved by the amount of compensation granted by Award dated 11/12/2018. The respondents herein are 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 two children of the deceased. According to the claim petitioners, on 19/01/2013 at about 08:00 p.m., while the deceased was walking along the extreme northern side of foot path of Oorambu-Parassala public road, and when he reached
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