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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SURESH BABU (EXPIRED) – Appellant
Versus
THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION – Respondent
| Table of Content |
|---|
| 1. assessment of compensation and liability in a motor accident case. (Para 1 , 2 , 3) |
| 2. arguments for enhancement of compensation based on evidence and precedents. (Para 4 , 5 , 6) |
| 3. legal reasoning on penal interest and compensation timelines. (Para 7) |
| 4. final ruling on the allowed compensation modification. (Para 8) |
JUDGMENT
This appeal has been filed by the claimant in OP(MV) No.989 of
2003 on the files of the I Additional Motor Accidents Claims Tribunal, Kollam, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. The case of the claimant was that on 08.02.2003, while he was travelling in an autorickshaw, a KSRTC bus driven by the second respondent in a rash and negligent manner, hit the autorickshaw, whereby he sustained serious injuries. He approached the tribunal claiming compensation.
3. Respondents 1 and 2, who are the owner and driver of the KSRTC bus respectively, filed separate objections before the tribunal, denying negligence on the part of the second respondent and disputing the liability and quantum of compensation claimed. Exts.A1 to A14 were marked. The tribunal, after analysing the pleadings and ma
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