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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
FR. JOSE ANTHANATT – Appellant
Versus
CHOLAMANDALAM INSURANCE CO.LTD – Respondent
| Table of Content |
|---|
| 1. entitlement to compensation based on will and legal representation. (Para 1 , 2 , 3) |
| 2. arguments on legal heir status and entitlement. (Para 4 , 5 , 6) |
| 3. assessment of compensation and application of judicial precedents. (Para 7 , 8 , 9) |
| 4. final ruling on compensation awarded. (Para 10) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.285 of
2011 on the file of the Motor Accidents Claims Tribunal, Kalpetta dissatisfied with the quantum of compensation awarded by the tribunal. The respondents herein are the respondents before the tribunal.
2. According to the claimant, on 13.01.2011 at about 12.45.
pm, while the deceased was riding the motor bike, a Tata Goods carriage bearing registration No.HR-47B-2437 driven by the 1st respondent in a rash and negligent manner hit the bike. As a result of the accident, the claimant had sustained serious injuries and later succumbed to the injuries. The appellant approached the tribunal claiming a total compensation of ₹10,00,000/-.
3. The first and second respondent/driver and owner of the offending goods carriage vehicle filed joint written statement contending that no accident had taken place on the alleged date. They
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