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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
THE ORIENTAL INSURANCE COMPANY LIMITED TIRUR NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI 18 – Appellant
Versus
THERUVATH ARUN S/O.HARIDASAN, THERUVATH HOUSE, PERUVALLOOR PO, CHOLAKKUNDU, MALAPPURAM DISTRICT, PIN 676520 – Respondent
| Table of Content |
|---|
| 1. insurance company appeals negligence and compensation ruling. (Para 1 , 2 , 3) |
| 2. appellant challenges findings on contributory negligence. (Para 4 , 5) |
| 3. court affirms tribunal's decision on liability. (Para 6 , 7 , 8) |
| 4. court recalculates compensation based on disability assessment. (Para 9 , 10) |
| 5. final decision dismisses appeal and adjusts compensation. (Para 11) |
JUDGMENT
[MACA Nos.1445/2015, 49/2023]
This appeal is filed by the 3rd respondent/insurance company challenging negligence and the quantum of compensation awarded by the Motor Accidents Claims Tribunal, Tirur, in O.P (MV) No.144 of 2013. The Cross Objection is filed by the claimant seeking enhancement of compensation awarded by the tribunal.
2. According to the claimant, on 18.05.2010, at about
7.30 p.m., while the claimant was pillion riding on a motorcycle bearing Reg.No.KL-03-Q-5802 from Kolappuram to Cholakkund, a goods autorickshaw bearing Reg.No.KL-55-A-3471 driven by the second respondent which was parked on the side of the road suddenly took the vehicle towards right side in a rash and negligent manner hit against the motorcycle and as a result, claimant sustained serious injuries. The claimant ap
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