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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SURESH.B – Appellant
Versus
THE DIVISIONAL MANAGER ROYAL SUNDARAM ALLIANCE INSURANCE CO.LTD – Respondent
| Table of Content |
|---|
| 1. initial claim details and award summary. (Para 1 , 2 , 3) |
| 2. court observations concerning interim awards and final compensation. (Para 4 , 6) |
| 3. arguments for compensation enhancement based on injury severity and income. (Para 5) |
| 4. final decision regarding enhanced compensation award and directives. (Para 7) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.1282 of 2014 on the file of the Motor Accidents Claims Tribunal, Kottayam, claiming enhancement of compensation. The respondent herein was the 2nd respondent before the tribunal.
2. The case of the claimant is that on 24.05.2014 at about 4.45 hours, while the claimant was travelling in an autorickshaw bearing Reg.KL 39/F-9197, a car bearing Reg. No. KL 16/H-3610 driven by the 1st respondent in a rash and negligent manner, collided with the autorickshaw. As a result of which, he sustained grievous injuries. The claimant approached the tribunal claiming a total compensation of ₹13,96,000/- limited to ₹7,00,000/-.
3. The first respondent/ owner-cum-driver of the offending vehicle filed a written statement contending that the accident occurred due to the negligence of the claimant himself and they further s
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