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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SHIBINA AGED 30 YEARS – Appellant
Versus
THOMAS SEBASTIAN (DELETED) – Respondent
| Table of Content |
|---|
| 1. claims for compensation were filed regarding a motor accident resulting in death. (Para 1 , 2 , 3) |
| 2. discussion on enhancement of compensation based on proper income determination and deductions. (Para 4 , 5 , 6) |
| 3. final award amount modified along with conditions for penal interest. (Para 7) |
JUDGMENT
This appeal is filed by claimants 1 to 4 in O.P.(MV) No.
1268/2009 on the file of the Motor Accidents Claims Tribunal, Kollam, claiming enhancement of compensation. The respondents herein are the respondents and the 5th claimant before the tribunal.
2. According to the claimants, on 20.04.2009, while the deceased was driving an ambulance bearing Reg.No.KL- 02/V 1526, a lorry bearing Reg.No.KL-7/A 9417 driven by the 2nd respondent in a rash and negligent manner hit the ambulance. As a result the deceased sustained serious injuries and succumbed to the injuries. The claimants approached the tribunal claiming a total compensation of ₹9,00,000/-.
3. Respondents 1 and 2/the registered owner and the driver of the offending vehicle respectively, remained ex parte before the tribunal. The third respondent insurer filed a written statement admitting the insurance policy, disputi
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