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2025 Supreme(Online)(Ker) 57193

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SUJITHA, W/O.LATE SUNIL – Appellant
Versus
SATHEESAN, S/O.PARAMESWARAN NAIR – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.N.MANOJ
For the Respondents: SRI.P.JACOB MATHEW, SRI.MATHEWS JACOB (SR.), SMT.PREETHY R. NAIR

Table of Content
1. establishment of claims based on accident facts. (Para 1 , 2 , 3)
2. arguments regarding compensation calculations and justifications. (Para 4 , 5)
3. final order stating allowed compensation modifications. (Para 6 , 7)

JUDGMENT

This appeal has been filed by the claimants in OP(MV) No.843 of 2009 on the files of the Motor Accidents Claims Tribunal, Irinjalakuda, claiming compensation. The respondents herein were the respondents before the tribunal.

2. The case of the claimant is that on 11.05.2008, while the deceased was driving a car bearing Reg.No.KL-2/Z 5875 through Potta - Irinjalakuda road, a tata sumo car bearing Reg.No.KL-09/E-6107 driven by the second respondent in a rash and negligent manner, hit the car driven by the deceased, whereby he sustained fatal injuries and succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹17,50,000/-.

3. Respondents 1 and 2, who are the owner and driver 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 offending vehicle, but

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