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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
M.L.BABY – Appellant
Versus
P.K.MUHAMMED – Respondent
| Table of Content |
|---|
| 1. claim for compensation due to motorcycle accident. (Para 1 , 2 , 3) |
| 2. court observations on negligence assessment and error in judgment. (Para 4 , 8) |
| 3. arguments for enhancing compensation leading to revised calculations. (Para 5 , 6) |
| 4. final ruling modifying compensation and liability. (Para 9) |
JUDGMENT
This appeal has been filed by the claimant in OP(MV) No.1840 of 2005 on the files of the Motor Accidents Claims Tribunal, Thrissur, claiming compensation. The respondents herein were the respondents before the tribunal.
2. The case of the claimant is that on 12.06.2004, while he was riding a motorcycle bearing Reg.No.KL-08-T-1914 through Mannuthy - Paliakkara NH-47 public road, a jeep bearing Reg.No.KL-G- 1505 driven by the third respondent in a rash and negligent manner, hit the motorcycle, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of ₹1,50,000/-.
3. Respondents 1 and 3 are the owner and driver of the offending vehicle respectively. The second respondent is said to be the policy holder of the offending vehicle. Respondents 1 to 3 remained ex parte before the tribunal. The fourth respondent insurer filed a writte
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