IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
NATIONAL INSURANCE CORPORATION LIMITED – Appellant
Versus
BASIL PAUL – Respondent
JUDGMENT
Since these two appeals arise from the very same award dated 09.04.2014 in O.P.(MV) No.365 of 2011 on the file of the Motor Accidents Claims Tribunal, Ernakulam, these appeals are heard together and are being disposed of by this judgment. M.A.C.A.No.2775 of 2014 is filed by the 3rd respondent/insurance company challenging the quantum of compensation awarded by the tribunal, whereas MACA No.2506 of 2015 is filed by the claimant, dissatisfied with the quantum of compensation awarded by the tribunal.
2. The facts of the case are as follows: On 13.10.2010 at about 3.05 p.m., while the claimant was travelling in a bus bearing Reg.No.KL-07/AX 4946 along Aluva-Munnar road driven by the 2nd respondent in a rash and negligent manner, when it reached near Vazhakulam, the 2nd respondent turned the bus suddenly and dashed on the right central portion of a tipper lorry bearing Reg.No.KL-5/Q 4422, coming from the opposite direction and thereby the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹5,00,000/-.
3. The respondents 1 and 2 being the owner and driver of the offending vehicle remained ex parte before the tribunal. The 3r
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