IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
JANAKI W/O.RAGHAVAN – Appellant
Versus
THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED – Respondent
| Table of Content |
|---|
| 1. claim for enhancement of compensation in motor accident case. (Para 1 , 2 , 3) |
| 2. arguments for various heads of compensation. (Para 4 , 5) |
| 3. court's rationale for modifying the compensation. (Para 6) |
| 4. final decision and adjustments in compensation. (Para 7) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.66 of
2013 on the file of the Motor Accidents Claims Tribunal, Pala, claiming enhancement of compensation. The respondent herein is the 3rd respondent before the tribunal.
2. The case of the claimant is that on 26.12.2012 at about 12.45 p.m, while the deceased was driving an autorickshaw bearing Reg. KL-34/7013, a stage carriage bus bearing Reg. No.KL-37/ 1344 driven by the 1st respondent in a rash and negligent manner, collided with the autorickshaw, causing it to overturn and the deceased to fall down. As a result of which, he sustained grievous injuries and succumbed to those injuries on 31.12.2012. The claimant, who is the legal heir of the deceased, approached the tribunal claiming a total compensation of ₹20,84,000/-
limited to ₹12,00,000/-.
3. The first and second respondents/ driver and the owner of the offending vehicle respectively filed a writ
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