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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
KAMALAMMA AGED 64 YEARS, AJAYA BHAVANAM, PALLIYARA, MULAVANA P.O. – Appellant
Versus
THE MANAGING DIRECTOR K.S.R.T.C – Respondent
| Table of Content |
|---|
| 1. claimants seek compensation for a fatal motorcycle accident. (Para 1 , 2 , 3) |
| 2. counsel argues for enhancement based on income and dependency. (Para 4 , 5) |
| 3. court determines compensation modification based on legal principles. (Para 6) |
| 4. final order encompasses enhanced compensation and payment conditions. (Para 7) |
JUDGMENT
This appeal has been filed by the claimants in OP(MV)
No.1210 of 2011 on the files of the Motor Accidents Claims Tribunal, Kollam, claiming compensation. The respondents herein were the respondents before the tribunal.
2. The case of the claimants is that on 13.11.2010, while the deceased was riding a motorcycle bearing Reg.No.TN-72/8574 along Chavara-Sasthamcotta public road, a KSRTC bus bearing Reg.No.KL- 15/8513 driven by the second respondent in a rash and negligent manner, hit the motorcycle, 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 ₹8,00,000/-.
3. The second respondent/driver of the offending vehicle remained ex parte before the tribunal. The first respondent KSRTC, who is the owner of the offending vehicl
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