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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
MEKKALASSERY YESHODA D/O. KUMARAN, O.K.BEENA W/O.PRADEEPAN – Appellant
Versus
M.K. YAKOOB S/O.ESSA, M.K.SAINABA D/O. AHAMMED, THE ORIENTAL INSURANCE CO.LTD, N.SANEEF S/O. KUMARAN, K.VIJAYAN S/O. ACHUTHAN, NATIONAL INSURANCE COMPANY LIMITED – Respondent
| Table of Content |
|---|
| 1. claimants seek compensation enhancement for vehicular accident. (Para 1 , 2 , 3) |
| 2. arguments presented regarding negligence and compensation calculation. (Para 4 , 5 , 10) |
| 3. court discusses liability of insurers and principles of composite negligence. (Para 6 , 8 , 9) |
| 4. composite negligence allows recovery from one tortfeasor. (Para 7) |
| 5. final modification of compensation awarded. (Para 12) |
JUDGMENT
This appeal is filed by the claimants in O.P (MV) No.877 of 2003 on the file of the Motor Accidents Claims Tribunal, Thalassery, seeking enhancement of compensation awarded by the tribunal and challenging the contributory negligence. The respondents herein are the respondents before the tribunal.
2. According to the claimants, on 06.02.2002 at about
04.45 p.m., while the deceased Pradeepan was travelling in a jeep bearing registration No.KL-11/B-5882 from Kannur to Uliyil, due to the rash and negligent driving of the driver of the jeep, it hit against a bus with registration No.KRC/4599, thereby the deceased sustained serious injuries and succumbed to the injuries. The claimants who are the wife and the mother of the deceased, approached the tribunal claiming a total com
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