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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SURESH – Appellant
Versus
THE MANAGING PARTNER AND OTHERS M/S.KUTTY HASSAN KUTTY & CO – Respondent
| Table of Content |
|---|
| 1. claimant's appeal for enhanced compensation. (Para 1 , 2 , 3) |
| 2. assessment of the initial compensation claim. (Para 4 , 5) |
| 3. court's decision to enhance compensation based on legal findings. (Para 6 , 7) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.81 of
2012 on the file of the Additional Motor Accidents Claims Tribunal, Palakkad, claiming enhancement of compensation. The respondents herein are the respondents before the tribunal. 2. According to the claimant, on 18.08.2011 at about 09.30 am while the claimant was riding a motorcycle bearing reg. No. KL09/Y/9049, a lorry bearing registration No KEH/1593, driven by the 2nd respondent in a rash and negligent manner hit the motorcycle. As a result of the accident, the appellant had sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹14,53,000/- limited to ₹10,00,000/-.
3. The first respondent/owner of the offending vehicle remained ex parte before the tribunal. The 2nd respondent/driver of the offending vehicle filed a written statement contending that he was not negligent in driving the vehicle. It was further contended that the accident occurred owing to the negl
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