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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SUSHAMMA – Appellant
Versus
THE MANAGER, FUTURE GENERAL INDIA INSURANCE CO.LTD – Respondent
| Table of Content |
|---|
| 1. claim for compensation based on negligence in a motor vehicle accident. (Para 1 , 2 , 3) |
| 2. evaluation of contribution of each head towards compensation in the appeal. (Para 4 , 5) |
| 3. court's observations regarding the standards set for interest on compensation. (Para 6 , 7 , 8) |
| 4. final decision modifying the tribunal's award. (Para 9) |
JUDGMENT
This appeal has been filed by the claimant in OP(MV) No.127 of
2011 on the files of the Motor Accidents Claims Tribunal, Pala, claiming compensation. The respondent herein was the third respondent before the tribunal.
2. The case of the claimant is that on 29.09.2010, while she was pillion riding on a motorcycle bearing Reg.No.KL-38/A-4906 through Kumily-Munnar public road, a lorry bearing Reg.No.KL-5/W- 4429 driven by the first respondent in a rash and negligent manner, hit the motorcycle, whereby she sustained serious injuries. She approached the tribunal claiming a total compensation of ₹5,00,000/-.
3. Respondents 1 and 2, who are the driver and owner of the offending vehicle respectively, remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for the offen
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