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2025 Supreme(Online)(Ker) 48245

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoba Annamma Eapen, J
Mariam Jacob – Appellant
Versus
Sri Ajithkumar V – Respondent


Advocates:
For the Appellants/Petitioners: Sri K. Jaju Babu (Sr.), Sri Jikku Seban George, Smt. M.U. Vijayalakshmi
For the Respondents: Sri R. Bindu (Sasthamangalam), Shri Alex Antony Sebastian P.A.

JUDGMENT

These appeals are filed by the claimants and the insurance company involved in the accident. Since these two appeals arise from the same award in O.P.(MV) No.250/2013 on the file of the Motor Accidents Claims Tribunal, Wayanad, Kalpetta, the appeals are heard together and are disposed of by this judgment. M.A.C.A.No.1647 of 2015 is filed by the appellants/claimants dissatisfied with the quantum of compensation awarded as well as challenging the finding of 30% contributory negligence on the part of the claimants, whereas, M.A.C.A.No.2121 of 2015 is filed by the appellant/3rd respondent insurer, challenging the quantum of compensation awarded. The parties are hereinafter referred to as arrayed in the O.P.(MV).

2. The brief facts of the case is as follows: On 16.09.2012, at about 4.30 p.m., while the deceased was travelling in a car bearing registration No.KL-12D/1919 from Kalpetta to Sulthan Bathery, a K.S.R.T.C. bus bearing registration No.KL-15/6509 driven by the first respondent in a rash and negligent manner hit against the car and as a result of which the deceased sustained serious injuries and succumbed to the injuries on the way to hospital. The claimants who are the le

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