Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
KEVIN JOY – Appellant
Versus
P.P.MURUKESHAN – Respondent
| Table of Content |
|---|
| 1. overview of the claims arising from a fatal road accident. (Para 1 , 2 , 3) |
| 2. discussion on liability and the contesting arguments pertaining to contributory negligence. (Para 4 , 5 , 6) |
| 3. court analysis on the applicability of previous rulings affecting the current case. (Para 7 , 8 , 9 , 10) |
| 4. determination of compensation and interest rates based on legal standards. (Para 11 , 12 , 13) |
| 5. final judgement and modifications to compensation award. (Para 14) |
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 Tr
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
