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2026 Supreme(Online)(Ker) 5066

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
KEVIN JOY – Appellant
Versus
P.P.MURUKESHAN – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.KURIAN JOSEPH (ARAKKUNNAM)
For the Respondents: SRI.GEORGE CHERIAN (SR.), SMT.K.S.SANTHI, SMT.LATHA SUSAN CHERIAN

JUDGMENT

Since these two appeals arise from the very same award dated 29.11.2011 in O.P.(MV) No.209 of 2007 on the file of the Motor Accidents Claims Tribunal, Ernakulam, these appeals are heard together and being disposed of by this judgment. M.A.C.A.No.136 of 2013 is filed by the 3rd respondent/insurer in the O.P challenging the liability to pay the amount awarded by the tribunal, whereas M.A.C.A.No.282 of 2016 is filed by the appellants/claimant & respondents 4 and 5 in the O.P. dissatisfied with the quantum of compensation awarded by the tribunal.

2. The brief facts of the case is as follows: On 27.05.2001 at about 9.30 p.m., while the deceased was driving a car bearing registration No.KL-7-AB-4928 through Trichur – Ernakulam road, it hit against a lorry bearing registration No.TN-28W-6559 due to the rash and negligent driving of the first respondent and as a result, the deceased sustained serious injuries and succumbed to the injuries on the same day. The claimant, who is the son of the deceased, approached the tribunal claiming a total compensation of ₹20,00,000/-. The third and fourth respondents were the wife and another son of the deceased.

3. The first and second responden

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