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IN THE HIGH COURT OF KERALA AT ERNAKULAM
,
SARASWATHY.K.K – Appellant
Versus
THE ORIENTAL INSURANCE CO LTD – Respondent
| Table of Content |
|---|
| 1. facts of the accident and resulting injuries to the deceased. (Para 2 , 3) |
| 2. claims related to negligence and causation challenged by the respondents. (Para 4 , 5) |
| 3. causal connection must establish liability for compensation. (Para 8 , 9) |
| 4. medical interpretation of injuries and their potential link to death. (Para 10 , 12) |
| 5. adjusted compensations awarded based on findings. (Para 13 , 14) |
JUDGMENT
The petitioners in O.P.(MV)No.715 of 2017 before the Motor Accidents Claims Tribunal, Muvattupuzha (hereinafter referred to as “MACT”) have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 05.07.2019 issued by the MACT.
2. The short facts necessary for the disposal of this appeal are as follows:
The 2nd appellant herein and Smt.Bhavaniamma, the mother of the appellants were travelling in a car bearing registration No.KL- 44-A-5154 along the Muvattupuzha - Kothamangalam road. When they reached Mathirappilly, the car in which they were travelling collided with another car bearing registration No.KL-36-E-6007 which was coming from the opposite direction. The 2nd appellant and Smt.Bhavaniamma sustained severe injuries and they were
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