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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOBIN SEBASTIAN, J
NIRMALA – Appellant
Versus
ORIENTAL INSURANCE CO. LTD. – Respondent
| Table of Content |
|---|
| 1. petitioners claim compensation for a motor accident fatality. (Para 1 , 2 , 3) |
| 2. tribunal's findings on negligence and compensation award. (Para 4 , 5 , 6) |
| 3. dispute on compensation amounts and income assessment. (Para 8 , 9) |
| 4. assessment methodologies for calculating enhanced compensation. (Para 10 , 11 , 12) |
| 5. final ruling on the appeal and adjusted compensation amounts. (Para 13 , 14 , 15) |
JUDGMENT
The petitioners in OP(MV) No.57/2013 on the file of the Motor Accidents Claims Tribunal, Palakkad have preferred this appeal seeking enhancement of compensation awarded by the tribunal on account of the death of Unnikrishnan in a motor accident that occurred on 06.07.2012.
2. The case of the petitioners is that on 06.07.2012 at about 8 p.m., while Sri.Unnikrishnan was travelling in an autorickshaw bearing Reg.No.KL/57/E/3278 as a passenger and reached at P.C.Mukku in Thamarassery-Balussery State Highway, a bus bearing Reg.No.KL/56/B/1566 driven by the 2nd respondent in a rash and negligent manner hit the auto rickshaw. Due to the impact of the hit, Unnikrishnan sustained fatal injuries and he died at the spot.
3. The registered owner and driver of the offending bus bea
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