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2026 Supreme(Online)(Ker) 966

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
PONNI – Appellant
Versus
SHAJI – Respondent


Advocates:
For the Appellants/Petitioners: U.BALAGANGADHARAN
For the Respondents: SEBASTIAN VARGHESE

Table of Content
1. facts of the fatal accident and claimants' approach to tribunal. (Para 1 , 2)
2. arguments for enhancement of compensation across multiple heads. (Para 5)
3. court's observations and final ruling on enhanced compensation. (Para 6 , 7)

JUDGMENT

This appeal has been filed by the claimants in OP(MV) No.155 of 2010 on the files of the Motor Accidents Claims Tribunal, Palakkad, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.

2. The case of the claimants was that on 31.01.2009, while the deceased was pillion riding on a motorcycle bearing Reg.No.TN-37-AS-6581 ridden by the second respondent in a rash and negligent manner, the second respondent lost control over the motorcycle while avoiding a gutter which caused it to go off the road and hit against a wall, 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 ₹5,00,000/-.

3. Respondents 1 and 2, who are the owner and rider of the offending vehicle respectively, remained ex parte before the tribunal. The third respondent insurer filed a written sta

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