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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
AKBAR SHAAN – Appellant
Versus
K. SUBRAMANIYAN – Respondent
| Table of Content |
|---|
| 1. case concerns appeal for compensation enhancement due to motorcycle accident. (Para 1 , 2 , 3) |
| 2. court discusses aspects of compensation and legal principles from previous cases. (Para 4 , 5 , 6) |
| 3. court modifies compensation awarded by tribunal. (Para 7) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.1191 of 2010 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. The case of the claimant is that on 08.08.2010, at about 6.40 p.m, while the claimant was riding a motorcycle bearing Reg.No.KL-07/AW 4390, a lorry bearing Reg.No.TN- 21/Q-3340 driven by the 2nd respondent in a rash and negligent manner, hit against the claimant’s motorcycle, whereby he sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹3,64,000/- limited to ₹3,50,000/-
3. The first and second respondents/ owner and the driver of the offending vehicle respectively, remained ex parte before the tribunal. The third respondent/insurance company filed a written statement admitting the insurance policy but disputing the quantum of
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