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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
K.P.JOYAPPAN – Appellant
Versus
MATHAI T.V. – Respondent
| Table of Content |
|---|
| 1. analysis of compensation basis for accident claims. (Para 1 , 2 , 3) |
| 2. consideration of evidence and determination of compensation. (Para 4 , 6) |
| 3. claim for enhanced compensation under various heads. (Para 5) |
| 4. final adjustment of awarded compensation and payment terms. (Para 7) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.779 of
2009 on the file of the Motor Accidents Claims Tribunal, Alappuzha. The respondents herein are the respondents before the tribunal.
2. According to the claimant, on 15.01.2009 at about 7.00 p.m., while the claimant was riding a motorcycle bearing registration No.KL-4/M-3866 through Alappuzha – Changanassery road, a lorry bearing registration No.KL-12/D- 1639 driven by the second respondent in a rash and negligent manner hit against the motorcycle and as a result, he sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹10,00,000/-.
3. The first, second and third respondents were the owner, driver and the insurer of the offending vehicle respectively.
The third respondent – insurer filed a written statement admitting the insurance policy, disputing the liability and quantum of compe
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