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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
JAISON JOSEPH – Appellant
Versus
THE DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD – Respondent
| Table of Content |
|---|
| 1. establishment of facts surrounding the accident and initial compensation awarded. (Para 1 , 2 , 3) |
| 2. legal arguments focused on income assessment and claim enhancement. (Para 5) |
| 3. final ruling granting partial compensation adjustment. (Para 7) |
JUDGMENT
This appeal is filed by the claimant in OP(MV) No.425 of
2015 on the file of the Motor Accidents Claims Tribunal, Kottayam, claiming enhancement of compensation. The respondent herein was the second respondent before the tribunal.
2. According to the claimant, on 16.01.2015 at about
06.20 p.m., while the claimant was riding a motorcycle bearing registration No.KL-7/BP-2357 through Kottayam – Kumarakom public rod, another motorcycle bearing registration No.KL-5/AJ- 4244 ridden by the first respondent in a rash and negligent manner knocked the motorcycle in which the claimant was riding and as a result, the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹10,68,000/- which is limited to ₹6,00,000/-.
3. Though notice was served on the first respondent, the driver-cum-owner of the offending vehicle, he remained absent and was set ex parte before the tribunal. The se
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