IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SANTHA – Appellant
Versus
P.SANTHOSH KUMAR – Respondent
JUDGMENT
This appeal has been filed by the claimants in OP(MV)
No.439 of 2009 on the file of the Motor Accidents Claims Tribunal, Kalpetta, claiming enhancement of compensation. The respondents herein are the respondents before the tribunal.
2. According to the claimants, on 23.08.2009 at about 7.00p.m, while the deceased was travelling as a pillion rider on a motorbike bearing Reg. No.KL-09-594 from Paplassery to Sulthan Bathery, a KSRTC bus bearing Reg. No.KL-15- 6394 driven by the first respondent in a rash and negligent manner, collided with the motorbike, as a result of which the deceased sustained grievous injuries and subsequently succumbed to the same. The legal heirs of the deceased approached the tribunal claiming a total compensation of ₹15,00,000/-.
3. The first and second respondents/the driver and the registered owner of the offending vehicle, filed a joint written statement contending that the accident occurred due to the rash and negligence on the part of the rider of the bike and that the compensation claimed is excessive. The 3rd respondent/ insurer filed a written statement, admitting the policy coverage for the offending vehicle, but denying the liability and quan
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