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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
NIDHIN – Appellant
Versus
THE ORIENTAL INSURANCE COMPANY LTD – Respondent
| Table of Content |
|---|
| 1. the accident was caused due to negligent driving. (Para 1 , 2 , 3 , 4 , 5) |
| 2. dispute over compensation adequacy. (Para 8 , 9) |
| 3. assessment of injuries justified additional compensation. (Para 10 , 11 , 12 , 14) |
| 4. final enhancement of compensation granted. (Para 15) |
JUDGMENT
The petitioner in OP(MV) No.246/2017 on the file of the Motor Accidents Claims Tribunal, Perumbavoor has preferred this appeal seeking enhancement of compensation awarded by the tribunal on account of the injuries sustained by him in a motor accident that occurred on 12.09.2016.
2. The case of the petitioner is that on 12.09.2016 at about 12.45 p.m., while the petitioner was travelling as a pillion rider in a motor cycle bearing No.KL-40/B-6619 through the Aluva - Munnar road from west to east direction at Mudikkarai, a bus bearing Reg.No.KL-44/3067, driven by the 1st respondent in a rash and negligent manner hit the motorcycle ridden by the petitioner. Due to the impact of the hit, the petitioner sustained serious injuries.
3. The registered owner and driver of the offending Bus bearing Reg.No.KL-44/3067 were arrayed as the 1st and 2nd respondents respectively, whereas, the insurer was arrayed a
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