IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
MOLLY – Appellant
Versus
ORIENTAL INSURANCE CO. LTD. – Respondent
JUDGMENT
This appeal has been filed by the claimants in OP(MV) No.306 of
2016 on the files of the Motor Accidents Claims Tribunal, Taliparamba, claiming enhancement of compensation. The respondent herein was the third respondent before the tribunal.
2. The case of the claimant was that on 31.01.2014, while the deceased was standing at Morani of Vellad Village, a tipper bearing Reg.No.KL-59-C-6040 driven by the second respondent in a rash and negligent manner, hit him, whereby he sustained fatal injuries and succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹25,00,000/-.
3. Respondents 1 and 2, who are the owner and driver of the offending vehicle respectively, filed a joint statement, denying all the allegations. It was also contended that the vehicle was validly insured with the third respondent insurer. Exts.A1 to A8 were marked. The tribunal, after analysing the pleadings and materials on record, held that the accident took place on account of the negligence of the driver of the offending vehicle and awarded a sum of ₹17,03,000/- as compensation under different heads with interest @ 9% per annu
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