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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
A. PICHAI KANI – Appellant
Versus
NATIONAL INSURANCE CO. LTD. – Respondent
| Table of Content |
|---|
| 1. accident details and claimant appeals for compensation. (Para 2 , 5) |
| 2. reference to connected appeals and handling in tandem. (Para 3 , 4) |
| 3. court's assessment and calculation of compensation. (Para 6 , 10 , 11 , 13 , 14) |
| 4. arguments about insurer liabilities and violation of policy. (Para 7 , 8 , 9) |
JUDGMENT
2. The appellant in MACA No. 1097 of 2014 is the claimant in OP(MV) No.161 of 2011 filed under Section 163-A of the Motor Vehicles Act, 1988 (for short, “the Act”); and the appellant in MACA No. 1617 of 2014 is the first claimant in OP(MV) No.571 of 2010 filed under Section 166 of the Act. They have come in appeal, seeking enhancement of compensation awarded by the tribunal.
4. Since the appeals arose from the very same accident, the appeals are heard together and are being disposed of by this judgment. For brevity, the parties are referred to as they are arrayed before the tribunal.
6. The first respondent, who was the owner-cum-rider of the offending vehicle, appeared before the tribunal. The second respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation
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