IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
AMMINI – Appellant
Versus
ANUS – Respondent
JUDGMENT
This appeal has been filed by the claimant in OP(MV) No.1161 of 2011 on the files of the Motor Accidents Claims Tribunal, Pala, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. The case of the claimant was that on 30.05.2011, while she was walking along the Pala - Kozha road, an autorickshaw bearing Reg.No.KL-35-5940 driven by the first respondent in a rash and negligent manner, hit her, whereby she sustained serious injuries. She approached the tribunal claiming a total compensation of ₹5,00,000/-.
3. Respondents 1 and 2, who are the driver and owner of the offending vehicle respectively, remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. PW1 was examined and Exts.A1 to A10 were marked. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of ₹1,63,350/- as compensation under different heads with interest @ 9% per annum f
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