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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
JAYASH DAVID – Appellant
Versus
1 SHIBU P. – Respondent
| Table of Content |
|---|
| 1. claim for compensation enhancement after injury assessment. (Para 1 , 2) |
| 2. court's rationale for re-evaluating compensation components. (Para 3 , 5) |
| 3. modification of prior findings on negligence and claims. (Para 6 , 7) |
JUDGMENT
This appeal is filed by the claimant in OP(MV) No.39/2007 on the file of the Motor Accidents Claims Tribunal, Alappuzha, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. According to the claimant, on 24.07.2006 at about 4.00 p.m., while the claimant was pillion riding on a motorcycle bearing registration No.KL-01-AD-8058 through Thirumalabhagom – Kumbalangi public road, a private bus bearing registration No.KL-01/D-3933 driven by the first respondent in a rash and negligent manner hit against the motorcycle and thereby the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹2,00,000/-.
3. The first and second respondents, the driver and the owner of the offending vehicle respectively, filed a joint written statement contending that the accident occurred due to negligence on the part of the rider of the motorcycle. The third resp
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