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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. Sudha, J
THE NEW INDIA ASSURANCE COMPANY LIMITED, PALA BRANCH, PALA P.O. – Appellant
Versus
RINCY MATHEW W/O.LATE SHAJU – Respondent
| Table of Content |
|---|
| 1. overview of appeals filed under motor vehicles act (Para 1 , 2) |
| 2. arguments regarding negligence and compensation claims (Para 3 , 4) |
| 3. tribunal's findings and awarded compensation (Para 5 , 6 , 7) |
| 4. disputes regarding notional income and loss of consortium (Para 9 , 10 , 11) |
| 5. court's reasoning on claims for loss of foetus (Para 12 , 13) |
| 6. final modifications and decisions on compensation (Para 14 , 15 , 16) |
JUDGMENT
MACA Nos.862 & 872 of 2020 have been filed under Section173 of the Motor Vehicles Act , 1988 (the Act) by the third respondent/insurer in O.P.(MV) Nos.89 and 84 of 2017 respectively and MACA No.2770 of 2020 has been filed by the claim petitioners in O.P.(MV) No.80 of 2017 on the file of the Motor Accidents Claims Tribunal, Pala, (the Tribunal), aggrieved by the common Award dated 03/07/2019. The claim petitioners 1 and 2 in O.P.(MV) No.84 of 2017 have filed Cross Objection no.87 of 2020. In these appeals and cross objection, the parties and documents will be referred to as described in the original petitions.
2. According to the claim petitioners, on 07/10/2016 at about 03:30 p.m., while the deceased were travelling in car bearing registration no.KL-
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