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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED – Appellant
Versus
M.T. MADAVIKUTTY W/O. LATE SHANMUGHADASAN PILLAI – Respondent
| Table of Content |
|---|
| 1. introduction of case details and claims. (Para 1 , 2) |
| 2. discussion on the assessment of compensation based on income and dependency. (Para 3 , 4 , 5) |
| 3. final determination and modification of compensation. (Para 6 , 7) |
JUDGMENT
This appeal is filed by the 3rd respondent/insurer in OP (MV) No.677 of 2010 on the file of the Motor Accidents Claims Tribunal, Tirur, challenging the quantum of compensation awarded by the tribunal. The respondents herein were the claimants and respondents 4 & 5 before the tribunal.
2. According to the claimants, on 21.11.2009 at about 8.15 a.m., while the deceased was riding a motorcycle bearing registration No.KL-10F-4321, a lorry bearing registration No.KL-54-6074, driven by the first respondent in a rash and negligent manner, hit against the motorcycle, and as a result, the deceased sustained serious injuries and succumbed to the injuries. The claimants, who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹7,00,000/-.
3. Though notice was served on respondent Nos. 2, 4 & 5, the owner and the dependents of the deceased, respectively, they remained absent and were set ex parte before the tribu
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