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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN RD, J
THANKAPPAN – Appellant
Versus
K.RAJAN – Respondent
| Table of Content |
|---|
| 1. court analyzed the case for proper compensation. (Para 1 , 2) |
| 2. arguments presented focused on just compensation based on income. (Para 4) |
| 3. court's observations led to revising the penal interest aspects. (Para 6 , 7) |
| 4. final decree on additional compensation awarded. (Para 8) |
JUDGMENT
This appeal is filed by the claimant in O.P.(MV) No. 50 of
2007 on the file of the Motor Accidents Claims Tribunal, Punalur, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. According to the claimant, on 21.04.2006, while the claimant was travelling in a bus bearing Reg. No. KL- 15/5945 from Kottarakara to Thiruvananthapuram, driven by the 1st respondent in a rash and negligent manner and as a result of which the claimant fell down from the seat and sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹3,00,000/-.
3. The first respondent/driver of the bus remained ex-
parte before the tribunal. The second respondent/owner of the bus filed a written statement denying negligence of the first respondent and disputing the quantum of compensation claimed. Before the tribunal, Exts.A1 to A17
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