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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. SUDHA, J
VARGHESE JOY – Appellant
Versus
ROBY K.ROY – Respondent
| Table of Content |
|---|
| 1. filing of appeal under motor vehicles act due to negligence. (Para 1 , 2 , 3) |
| 2. assessment of compensation based on established injuries. (Para 4 , 6) |
| 3. challenge to tribunal's compensation decision due to insufficient earnings claims. (Para 5) |
| 4. debate over notional income and compensation calculations. (Para 10 , 11 , 12) |
| 5. final award modification and increased compensation granted. (Para 13) |
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 petitioner in O.P. (MV) No.1071/2018 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha (the Tribunal), aggrieved by the amount of compensation granted by Award dated 13/07/2020. The respondents herein are the respondents in the petition. In this appeal, the parties and the documents will be referred to as described in the original petition.
2. According to the claim petitioner, on
04/10/2018 at about 06:00 p.m., while the petitioner was riding motorcycle bearing registration no.KL-44-8345 through Ernakulam – Muvattupuzha road and when he reached the place by name, Mekkadampu, tipper lorry bearing registration no.KL-
07-CN 622 driven by the secon
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