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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SUMA VIJAYAN – Appellant
Versus
THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION – Respondent
| Table of Content |
|---|
| 1. overview of the appeal and initial compensation claim. (Para 1 , 2 , 3) |
| 2. discussion on claims made for enhancement of compensation. (Para 4 , 5) |
| 3. court's reflections on the appeal's merits. (Para 6) |
| 4. final determination and order regarding compensation. (Para 7) |
JUDGMENT
This appeal has been filed by the claimants in OP(MV) No.446 of 2009 on the files of the Motor Accidents Claims Tribunal, N.Paravur, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. The case of the claimants was that on 17.09.2008, while the deceased was riding a motorcycle bearing Reg.No.KL-17-B- 4159, a KSRTC bus bearing Reg.No.KL-15-3996 driven by the second respondent in a rash and negligent manner, hit the motorcycle, whereby he sustained fatal injuries and succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹5,00,000/-.
3. Respondents 1 and 2, who are the owner/KSRTC and driver of the offending vehicle respectively, filed a joint statement, denying negligence on the part of the driver and disputing the liability and quantum of compensation claimed. E
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