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2026 Supreme(Online)(Ker) 5377

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
JESSY AGED 57 YEARS, W/O. LATE MARIAN CRUZ – Appellant
Versus
MANAGING DIRECTOR, K.S.R.T.C. – Respondent


Advocates:
For the Appellants/Petitioners: SRI.KISHOR B.
For the Respondents: SRI.P.C.CHACKO(PARATHANAM), SHRI.LAL K.JOSEPH, SC, NEW INDIA ASSURANCE COMPANY LTD., SHRI.ALEX ANTONY SEBASTIAN P.A.- SC, K.S.R.T.C.

Table of Content
1. claim for compensation due to accident negligence. (Para 1 , 2 , 3)
2. dispute over income computation and compensation claims. (Para 4)
3. final adjustment and award of compensation. (Para 6)

JUDGMENT

This appeal is filed by the claimants in OP (MV) No.1194 of 2010 on the file of the Motor Accidents Claims Tribunal, Ernakulam, claiming enhancement of compensation. The respondents herein are the respondents before the tribunal.

2. According to the claimants, on 18.05.2010, while the deceased was travelling as a passenger in a KSRTC bus driven by the second respondent in a rash and negligent manner, through Aluva–Ankamali road, the door of the driver’s cabin was opened and the driver while trying to close the door, lost control and thus the bus fell into a road side pit and as a result of which the deceased sustained serious injuries and subsequently succumbed to those injuries. The claimants who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹6,00,000/-.

3. The first, second and third respondents were the owner, driver and the insurer of the offending vehicle respectively. The third respondent insurer filed a written stat

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