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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
OMANA K. AGED 53 YEARS, W/O.PRADEEPAN, KANOTH HOUSE, KOLACHERY PARAMBA, P.O.KOLACHERY – Appellant
Versus
NATIONAL INSURANCE CO. LTD. – Respondent
| Table of Content |
|---|
| 1. fact summary of the accident and parties involved. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding compensation and assessment of notional income. (Para 6 , 10) |
| 3. court's observations on the necessity of compensation versus the original tribunal findings. (Para 7) |
| 4. court's decision to enhance compensation based on applications and prior judgments. (Para 9) |
| 5. final ruling on compensation awarded. (Para 11) |
J U D G M E N T
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.216/2015 on the file of the Motor Accidents Claims Tribunal, Thalassery (the Tribunal), aggrieved by the amount of compensation granted by Award dated 16/10/2018. The sole respondent herein is the third respondent 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 mother and brother of deceased Varun. According to the claim petitioners, on 22/11/2014 while the deceased was riding his motorcycle from Kannur to Kannadiparamba, motorcycle bearing registration no.KL-13AA/3202 ridden by the first respondent in a rash and neg
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