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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
BEENA VARGHESE W/O.LATE VARGHESE – Appellant
Versus
ANTONY S/O.DEVASSY – Respondent
| Table of Content |
|---|
| 1. overview of the accident leading to compensation. (Para 1 , 2) |
| 2. dispute over compensation awarded by the tribunal. (Para 3) |
| 3. arguments presented for enhancement of compensation. (Para 4 , 5) |
| 4. court observations and the final decision on enhancement. (Para 7) |
JUDGMENT
This appeal is filed by the claimants in O.P.(MV) No.
1425/2009 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. According to the claimants, on 03.09.2009 at about 6.15 p.m., while the deceased Varghese was travelling in a contract carriage bearing Reg.No.KL-07-AA-9237 through Chalakkudy to Malakkapara road. When the vehicle reached near Pathadipalam, the driver lost control, and the vehicle fell into a ditch, 30 feet below the level of the road. As a result the deceased sustained serious injuries, to which he succumbed. The claimants, who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹61,69,000/-, which was limited to ₹30,00,000/-.
3. The first respondent/owner filed a written statement contending that the vehicle was insured for th
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