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2025 Supreme(Online)(Ker) 56531

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
RELIANCE GENERAL INSURANCE CO. LTD – Appellant
Versus
JAYASREE W/O LATE RAMACHANDRAN NAIR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.GEORGE CHERIAN (SR.), SMT.LATHA SUSAN CHERIAN, SMT.K.S.SANTHI
For the Respondents: SHRI.A.N.SANTHOSH, SRI.GEORGE CHERIAN (SR.), SMT.K.S.SANTHI, SMT.LATHA SUSAN CHERIAN

Table of Content
1. the basis for calculating compensation in motor accident claims. (Para 1 , 2 , 3)
2. review and modification of compensation based on juridical standards. (Para 4 , 6)
3. arguments presented regarding compensation calculation challenges. (Para 5)
4. final decision regarding compensation and timelines for payments. (Para 7)

JUDGMENT

[MACA Nos.2275/2016, 3578/2016]

These appeals are filed by the third respondent – insurance company as well as by the claimants involved in the accident. Since these two appeals arise from the same award dated 18.05.2016 in O.P.(MV) No.4/2012 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, the appeals are heard together and are disposed of by this judgment. M.A.C.A.No.2275 of 2016 and M.A.C.A.No.3578 of 2016 are filed by the 3rd respondent insurance company as well as by the claimants respectively, challenging the compensation awarded by the tribunal. The parties are hereinafter referred to as arrayed in the O.P.(MV).

2. The brief facts of the case is as follows: On 12.09.2011, at about 04.15 a.m., while the deceased was riding a motorcycle bearing registration No.KL-41-A-9301 through Chalakudy – Potta NH-47, a lorry bearin

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