IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
ANNIE SEBASTIAN, NIKITA SEBASTIAN – Appellant
Versus
UNITED INDIA INSURANCE CO. LTD. – Respondent
JUDGMENT
This appeal is filed by the claimants in O.P(MV) No.297 of 2012 on the file of the Motor Accidents Claims Tribunal, Pala, dissatisfied with the quantum of compensation awarded by the tribunal. The respondent herein was the 3rd respondent before the tribunal.
2. According to the claimants, on 04.12.2011 at about 05.45 pm, while the deceased was travelling on a motorcycle bearing reg. No. KL-35/A-8942, a mini lorry bearing reg. No. KL-4/M-3178, driven by the 1st respondent, came in a rash and negligent manner and hit the motorcycle of the deceased. As a result of the accident, the deceased had sustained serious injuries and succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹38,40,000/- limited to ₹30,00,000/-.
3. The first and second respondent/driver and owner of the offending vehicle remained ex parte before the tribunal. The 3rd respondent/insurer filed a written statement admitting the validity of the policy but disputing the quantum of compensation claimed. Before the tribunal, Exts.A1 to A28 were marked and Pws 1 to 3 were examined. The tribunal, after analysing the pleadings and mate
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