IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SEBASTIAN S/O.ITTIAVIRAH JOSEPH – Appellant
Versus
THE NATIONAL INSURANCE COMPANY LTD – Respondent
| Table of Content |
|---|
| 1. assessment of accident liability and compensation calculation. (Para 1 , 2 , 3) |
| 2. arguments presented for compensation enhancement. (Para 4 , 5) |
| 3. court's decision on compensation modifications. (Para 6 , 7) |
JUDGMENT
This appeal has been filed by the claimant in OP(MV) No.476 of
2013 on the files of the Motor Accidents Claims Tribunal, Pala, claiming enhancement of compensation. The respondent herein was the fourth respondent before the tribunal.
2. The case of the claimant was that on 16.06.2013, while he was walking along a public road, a motorcycle bearing Reg.No.KL-6- A-8273, ridden by the first respondent in a rash and negligent manner, hit him, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of ₹10,00,000/-.
3. Respondents 1 to 3, who are the rider, insured and the registered owner of the offending vehicle respectively, remained ex parte before the tribunal. The fourth respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. Exts.A1 to A10, B1 & X1 were marked. The tribunal, after analysing the pleadings
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