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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
NATIONAL INSURANCE COMPANY LIMITED – Appellant
Versus
SMT. ANNAMMA PHILIP – Respondent
| Table of Content |
|---|
| 1. consolidation of appeals arising from the same award. (Para 1 , 2) |
| 2. accident facts and initial compensation awarded by the tribunal. (Para 3 , 4) |
| 3. arguments for contributory negligence from the insurance company. (Para 6) |
| 4. claimants' defense against insurance claims of contributory negligence. (Para 8 , 9) |
| 5. reevaluation of compensation based on established income and claims. (Para 12 , 13) |
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 claiman
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