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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
THE NEW INDIA ASSURANCE COMPANY LTD – Appellant
Versus
BALAN S/O.KANNAN – Respondent
| Table of Content |
|---|
| 1. details of the accident and overview of compensation claim. (Para 1 , 2) |
| 2. arguments regarding the quantum of compensation. (Para 3 , 4 , 5) |
| 3. court’s final determination on compensation amount. (Para 6 , 7) |
JUDGMENT
[MACA No.763/2016, C.O. No. 107/2016]
This appeal is filed by the 3rd respondent insurance company in O.P.(MV) No.416 of 2012 on the file of the Motor Accidents Claims Tribunal, Vadakara, challenging the quantum of compensation awarded by the tribunal. The respondents herein are the respondents 1 and 2 and claimants before the tribunal. The Cross Objection No.107 of 2016 is filed by the claimants seeking enhancement of compensation.
2. Brief facts of the case are as follows: On 12.09.2011, while the deceased was travelling in a jeep bearing registration No.KL-13-D-3045, the second respondent applied the brakes suddenly in a rash and negligent manner. As a result, the deceased was thrown out onto the road, hit his head against an electric post, sustained grievous injuries, and succumbed to the same on the very same day. The claimants who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹12,00,000/.
3. Though n
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