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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
RAHILA BEEVI – Appellant
Versus
THE NEW INDIA ASSURANCE COMPANY LTD – Respondent
| Table of Content |
|---|
| 1. claims for enhancements must reflect actual earnings and disability. (Para 1 , 2 , 3) |
| 2. court reviews arguments for appropriate compensation adjustments. (Para 4 , 5) |
| 3. adjustments based on settled case laws and conditions. (Para 6) |
| 4. final compensation awarded based on adjustments and orders. (Para 7) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.410 of 2004 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. According to the claimant, on 18.02.2003 at about 10.30 a.m., while the claimant was travelling in a Tempo Trax Jeep bearing reg. No. KL-01-J-5044, the vehicle was stopped for her to alight. As she was getting down from the vehicle, the 2nd respondent drove the vehicle forward in a rash and negligent manner, causing an accident in which the claimant sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹6,00,000/-, limited to ₹5,00,000/-.
3. The first respondent/owner and the second respondent/driver of the offending vehicle filed a joint written statement admitting the accident but dis
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