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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SANEESH S/O.VIJAYAN – Appellant
Versus
THE MANAGER, ORIENTAL INSURANCE CO. LTD – Respondent
| Table of Content |
|---|
| 1. court assesses facts surrounding the accident and initial compensation awarded. (Para 1 , 2 , 3) |
| 2. arguments revolve around fair compensation adjustments and legal precedents. (Para 4 , 5) |
| 3. court observes adjustments justified per legislative and ethical frameworks. (Para 6) |
| 4. final decree outlines specific additional compensation and interest guidelines. (Para 7) |
JUDGMENT
This appeal is filed by the claimant in OP(MV) No.836 of
2013 on the file of the Motor Accidents Claims Tribunal, Pala, claiming enhancement of compensation. The respondent herein is the third respondent before the tribunal.
2. According to the claimant, on 23.03.2012 at about
10.00 p.m., while the claimant was travelling in an autorickshaw bearing registration No.KL-5/W-5552 through Vaikom – Moothedathukavu public road, lost control of the vehicle due to the rash and negligent driving of the first respondent and as a result, the autorickshaw turned upside down, thereby the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹5,92,000/- which is limited to ₹4,00,000/-.
3. Though notice was served on the first and second respondents, the driver
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