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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
LISSY JOY W/O.LATE JOY VARGHESE – Appellant
Versus
TOMY KURIAKOSE S/O.KURIAKOSE – Respondent
| Table of Content |
|---|
| 1. claims regarding death due to negligent driving. (Para 1 , 2) |
| 2. calculation of compensation and its components. (Para 3 , 5) |
| 3. legal observations and certification regarding interest. (Para 4 , 6) |
| 4. final ruling related to compensation and its payment. (Para 7) |
JUDGMENT
This appeal is filed by the claimants in OP (MV) No.861 of
2014 on the file of the Motor Accidents Claims Tribunal, Muvattupuzha, claiming enhancement of compensation. The respondents herein are the respondents before the tribunal.
2. According to the claimants, on 22.05.2014, at about
7.45 p.m., while the deceased was walking through the road at Kothamangalam, a motorcycle bearing registration No.KL-44/B- 6062 ridden by the second respondent in a rash and negligent manner hit against the deceased and as a result, the deceased sustained serious injuries and succumbed to the injuries on 08.08.2014, while undergoing treatment. The claimants who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹39,00,500/-, which is limited to ₹30,00,000/-.
3. The first and second respondents/the owner and the driver of the offending vehicle respectively, did not file any writt
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