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2025 Supreme(Online)(Ker) 31932

IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
SYAMALA – Appellant
Versus
SANDHYA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.A.R.Nimod, Sri.M.A.Augustine
For the Respondents: Shri.Linto Francis

Table of Content
1. enhancement of compensation sought due to negligence in accident. (Para 2 , 3)
2. tribunal's findings on liability and compensation. (Para 4 , 5 , 6)
3. counsel's arguments regarding adequacy of compensation. (Para 7 , 8)
4. court's observations on income assessment and compensatory factors. (Para 9 , 10 , 11 , 12)
5. final ruling on enhanced compensation awarded. (Para 13)

JUDGMENT

The petitioner in OP(MV) No.1728/2017 on the file of the Motor Accident Claims Tribunal, Thiruvananthapuram, has preferred this appeal seeking enhancement of the compensation awarded by the tribunal on account of the injuries sustained by her in a motor accident that occurred on 25.02.2017.

2. The case of the petitioner in brief is as follows:-

On 25.02.2017 at about 12.30 p.m., while the petitioner was travelling in an autorickshaw bearing registration No.KL-01/BN-7723 along Karipoor - Nedumangad public road, and when reached near Kallingal junction, the driver of the autorickshaw turned the vehicle abruptly in a rash and negligent manner, and as a result, the vehicle overturned, and the petitioner sustained severe injuries.

3. The owner of the autorickshaw bearing registration No.KL-01/BN-77

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