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2026 Supreme(Online)(Ker) 9431

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
NATIONAL INSURANCE COMPANY LIMITED – Appellant
Versus
SMT. ANNAMMA PHILIP – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.C.SURESH MENON, SRI.A.R.NIMOD
For the Respondents: SHRI.A.R.GEORGE

JUDGMENT

MACA Nos.203 of 2014 and 1776 of 2014 arise from the very same award dated 31.05.2013 in O.P.(MV) No.1789 of 2006 on the files of the Motor Accidents Claims Tribunal, Thrissur, a petition filed for claiming compensation for the death of the deceased. MACA No.1789 of 2014 arise from O.P(MV) No.2446 of 2006 dated 31.05.2013, a petition filed for the damages caused on the motorcycle. Since these appeals arise from the same cause of action, they are heard together and are disposed of by this judgment.

2. M.A.C.A.Nos.1776 & 1789 of 2014 are filed by the 3rd respondent/insurance company challenging the quantum of compensation awarded for the injuries as well as the compensation for the damages sustained to the motorcycle, where as MACA No.203 of 2014 is filed by the claimants, who are the legal heirs of the deceased, seeking enhancement of compensation.

3. The facts of the case are as follows:

On 17.06.2006 at about 11.00 am, while the deceased was riding a motorcycle bearing reg. No. KL-11/T 5394, a lorry bearing reg. No. KL-9/N 949, driven by the 2nd respondent in a rash and negligent manner hit against the motorcycle. As a result of the accident, the deceased had sustained seriou

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