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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
JACOB MATHEW – Appellant
Versus
TOMSON BASTIN – Respondent
| Table of Content |
|---|
| 1. claimants sought compensation for a motor accident. (Para 1 , 2) |
| 2. tribunal awarded initial compensation; claimants appealed. (Para 3 , 4) |
| 3. court evaluated and enhanced compensation based on established precedents. (Para 5 , 6) |
| 4. court concluded with a partial allowance of the appeal. (Para 7) |
JUDGMENT
This appeal is filed by claimants in O.P.(MV) No.
42/2014 on the file of the Additional Motor Accidents Claims Tribunal-II, Kottayam, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. According to the claimants, on 26.02.2012 at about
8.50 p.m., while the deceased was riding a motorcycle bearing Reg.No.KL- 38-B-980 through Kakkanad to Palarivattom road, a car bearing Reg.No.KL-07/BH-7460 driven by the first respondent, in a rash and negligent manner hit the motorcycle. As a result, the deceased sustained serious injuries and after a long period of treatment he succumbed on 17.10.2012. The legal heirs of the deceased approached the tribunal claiming a total compensation of ₹52,78,000/-.
3. The 1st respondent/the driver of the offending vehicle filed a written statement contending that the accident occurred due to t
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