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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
K.SHABEER – Appellant
Versus
HAMEED – Respondent
| Table of Content |
|---|
| 1. claimant seeks compensation for injuries from a negligent motorcycle driver. (Para 1 , 2 , 3) |
| 2. court discusses liability of insurance despite driver's incompetence. (Para 4) |
| 3. court evaluates compensation enhancement based on injuries and negligence. (Para 5 , 6 , 7) |
| 4. court modifies tribunal award and enhances compensation. (Para 8) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.1200 of
2005 on the file of the Motor Accidents Claims Tribunal, Manjeri, dissatisfied with the quantum of compensation awarded by the tribunal. The respondents herein are the respondents before the tribunal.
2. According to the claimant, on 18.03.2005 at about 12.30 am, while the claimant was standing on the side of the public road, a motorcycle bearing registration No.KL-10-T-9322 driven by the 1st respondent in a rash and negligent manner hit against the claimant. As a result of the accident, the claimant had sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹50,000/-.
3. The 1st respondent/owner-cum-driver of the offending vehicle remained ex-parte before the tribunal. The 2nd respondent/insurer of the offending vehicle filed
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