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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
ALPHONSA W/O.LATE AUGUSTINE @ CHACKORU – Appellant
Versus
THE NATIONAL INSURANCE COMPANY LTD – Respondent
| Table of Content |
|---|
| 1. the legal heirs claim compensation for fatal accident. (Para 1 , 2 , 3) |
| 2. court discusses enhancement of compensation based on precedents. (Para 4 , 5) |
| 3. court's observations on compensation adequacy are detailed. (Para 6) |
| 4. final decision on enhanced compensation awarded. (Para 7) |
JUDGMENT
This appeal is filed by the claimants in OP (MV) No.511 of
2011 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, claiming enhancement of compensation. The respondents herein are the respondents 1 and 3 before the tribunal.
2. According to the claimants, on 03.02.2011, at about
10.00 p.m., while the deceased was standing on the extreme side of the NH-47 at Pudukad – Mupliyam junction, a goods carriage bearing registration No.TN-40/C-3399 driven by the second respondent in a rash and negligent manner hit against the deceased and as a result, the deceased sustained serious injuries and succumbed to the injuries on 12.02.2011 while undergoing treatment. The claimants who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹27,35,000/- which is limited to ₹15,00,000/-.
3. Though notice was served on the first and second responde
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