Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SHAREEF P. – Appellant
Versus
UNITED INDIA INSURANCE CO. LTD. – Respondent
| Table of Content |
|---|
| 1. appeal challenged compensation amount and contributory negligence. (Para 1 , 2 , 3) |
| 2. arguments on contributory negligence and evidence gaps. (Para 5 , 6) |
| 3. calculation of claims and adjustments made by the court. (Para 7 , 8) |
| 4. final ruling on compensation and interest orders. (Para 9) |
JUDGMENT
This appeal is filed by the claimant in OP(MV) No.274 of
2012 on the file of the Motor Accidents Claims Tribunal, Tirur, claiming enhancement of compensation as well as challenging the 20% contributory negligence on the part of the claimant. The respondent herein was the third respondent before the tribunal.
2. According to the claimant, on 02.08.2011 at about
09.25 a.m., while the claimant was riding on a motorcycle bearing registration No.KL-55-G-8495 from Puthanathani to Valanchery, a lorry bearing registration No.TN-37-K-7479 driven by the first respondent in a rash and negligent manner dashed against the motorcycle and as a result, the claimant sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹8,50,000/-.
3. Though notice was served on the first and second respondents, the driver and the owner of the offending vehicle respe
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
