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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
AUGUSTINE ANTONY @ JACKSON – Appellant
Versus
ANANDAN S – Respondent
| Table of Content |
|---|
| 1. understanding claimant's appeal for compensation in the accident case. (Para 1 , 2 , 3) |
| 2. examining the arguments for contributory negligence and compensation assessment. (Para 4 , 5 , 6) |
| 3. determining appropriate compensation adjustments and ruling on appeal. (Para 7 , 8 , 9) |
JUDGMENT
This appeal has been filed by the claimant in OP(MV) No.1122 of 2014 on the files of the Motor Accidents Claims Tribunal, Ernakulam, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. The case of the claimant was that on 22.12.2013, while he was riding a motorcycle bearing Reg.No.KL-42/E 5971 through Thoppumpady - Pappangamukku road, another motorcycle bearing Reg.No.KL-05/M 509 ridden by the first respondent in a rash and negligent manner, knocked him down, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of ₹1,50,000/-.
3. The first respondent, who was the owner-cum-rider of the offending vehicle, remained ex parte before the tribunal. The second respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and qua
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