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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
THE ORIENTAL INSURANCE COMPANY LIMITED – Appellant
Versus
OMANA JACOB – Respondent
| Table of Content |
|---|
| 1. assessment of liability and compensation for motor accidents based on determined negligence. (Para 1 , 2 , 3) |
| 2. evaluation of arguments regarding compensation adequacy and legal precedents. (Para 4 , 5) |
| 3. court's rationale in upholding tribunal decision on compensation. (Para 6) |
| 4. final order modifying compensation amount based on judicial review. (Para 7) |
JUDGMENT
This appeal is filed by the third respondent/insurer in O.P.
(MV) No.831 of 2011 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta, challenging the quantum of compensation. The respondent herein is the claimant before the tribunal.
2. Brief facts of the case are as follows: On 04.12.2010, at about 1.00 p.m., while the claimant was travelling in a jeep bearing registration No.KL-28-7789 through Kanalpadi - Dharmagirimandiram, the jeep abruptly hit against a compound wall of the Pentecost Church and turned down on the road due to the rash and negligent driving of the second respondent and as a result, the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹17,36,000/-.
3. The first and second respondents/the owner and the driver of the
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