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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
D.JOHN – Appellant
Versus
MANAGING DIRECTOR, KSRTC KERALA STATE ROAD TRANSPORT CORPORATION – Respondent
| Table of Content |
|---|
| 1. claim for enhancement of compensation based on negligence. (Para 1 , 2 , 3) |
| 2. disputes on income and calculations for compensation. (Para 4 , 5) |
| 3. discussion on appropriate compensation adjustments. (Para 6) |
| 4. final ruling on allowed compensation and conditions for payment. (Para 7) |
JUDGMENT
This appeal is filed by claimants in O.P.(MV).No.
230/2006 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 claimants, on 27.08.2005, while the deceased was riding his motorcycle bearing Reg.No.KL-1- U-7133 from PMG vigilance office, a KSRTC bus bearing Reg.No.KL-15/5528 driven by the second respondent, in a rash and negligent manner hit the motorcycle. As a result, the deceased sustained serious injuries and succumbed to the injuries. The legal heirs of the deceased approached the tribunal claiming a total compensation of ₹21,50,000/- which was limited to ₹20,00,000/-.
3. The 2nd respondent/the driver of the offending vehicle remained ex-parte before the tribunal. The 1st respondent/owner/KSRTC filed a written statement contending that
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