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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
THE ORIENTAL INSURANCE CO.LTD – Appellant
Versus
JAMEELA – Respondent
| Table of Content |
|---|
| 1. discussion on background and claims regarding the motor accident. (Para 1 , 2) |
| 2. considerations on compensation claims, including deductions and adjustments. (Para 3 , 5) |
| 3. final ruling on modified compensation and procedural directives. (Para 4 , 6 , 7) |
JUDGMENT
This appeal is filed by the third respondent/insurance company in O.P (MV) No.1444 of 2014 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode, challenging the quantum of compensation awarded by the tribunal. The respondents herein are the petitioners before the tribunal.
2. According to the claimants, on 26.12.2006 at about 06.15 pm, while the deceased was walking along side the Kinnasherri - Kunnathukavu road, a motorcycle bearing registration No.KL-10-Y- 5478 driven by the 2nd respondent in a rash and negligent manner hit against the deceased. As a result of the accident, the deceased had sustained serious injuries and later succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹5,00,000/-.
3. The first respondent/owner of the offending vehicle remained ex parte before the tribunal. The second responde
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