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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
KUMAR – Appellant
Versus
ORIENTAL INSURANCE CO. LTD – Respondent
| Table of Content |
|---|
| 1. identification of claimant's accident and quantum of compensation. (Para 1 , 2 , 3) |
| 2. challenging award calculations for various compensation heads. (Para 4 , 5) |
| 3. discussion on legal standards for interest and compensation adjustments. (Para 6 , 7) |
| 4. final verdict allowing partial appeal on compensation. (Para 8) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.131 of 2009 on the file of the Motor Accidents Claims Tribunal, Attingal dissatisfied with the quantum of compensation awarded by the tribunal. The respondent herein is the 3rd respondent before the tribunal.
2. According to the claimant, on 23.10.2008 at about 9.00 p.m., while the claimant was walking along the footpath, he was knocked down by a Maruti van bearing registration No. KL-21/9764, which was being driven by the 2nd respondent in a rash and negligent manner. As a result of the accident, the claimant had sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹1,84,000/- limited to ₹50,000/-.
3. The 1st respondent/owner and 2nd respondent/driver of the offending vehicle remained ex parte before the tribunal. The third respondent/insurer filed a
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