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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
MINOR LAKSHMI, REPRESENTED BY HER NEXT FRIEND AND FATHER, B.T.BABY – Appellant
Versus
STEVE DEVEREVE – Respondent
| Table of Content |
|---|
| 1. injury due to negligent riding resulting in compensation claim. (Para 1 , 2 , 3) |
| 2. claim for additional compensation under different heads. (Para 4 , 5) |
| 3. court modifies the tribunal's award to increase compensation. (Para 6 , 7) |
JUDGMENT
This appeal has been filed by the claimant in OP(MV) No.420 of
2010 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 claimant was that on 29.01.2010, while she was walking along with her mother, a motorcycle bearing Reg.No.KL-42-C-3046 ridden by the second respondent in a rash and negligent manner, hit her, whereby she sustained serious injuries. She approached the tribunal claiming a total compensation of ₹1,00,000/-.
3. Respondents 1 and 2, who are the owner and rider of the offending vehicle respectively, remained ex parte before the tribunal. The third 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 A6, B1 & B2 were marked. The tribunal, after analysing the pleading
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