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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
THANKAPPAN – Appellant
Versus
THOMAS – Respondent
| Table of Content |
|---|
| 1. summary of accident circumstances and initial compensation claim. (Para 2 , 3) |
| 2. arguments regarding compensation increase and negligence assessment. (Para 5 , 6 , 7) |
| 3. court's reasoning for modifying the negligence finding and compensation. (Para 9) |
| 4. final ruling and orders for compensation disposition. (Para 10) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.1567 of
2009 on the file of the Motor Accidents Claims Tribunal, Perumbavur, claiming enhancement of compensation. The respondents herein are the respondents before the tribunal.
2. According to the claimant, on 07.04.2009 at about 05.30 pm, while the claimant was travelling as a pillion rider in a motorcycle bearing registration No.KL-17-9055, another motorcycle bearing registration No.KL-7-AA-8864 ridden by the 1st respondent in a rash and negligent manner hit against the motorcycle in which the claimant was travelling. As a result of the accident, the appellant had sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹4,48,000/- limited to ₹4,00,000/-.
3. The first respondent, who is the owner-cum-rider of the offending motorcycle, filed a written statement
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