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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SALINI MT – Appellant
Versus
GEORGE JOSEPH @ REJI – Respondent
| Table of Content |
|---|
| 1. factual background of the accident and claim. (Para 1 , 2 , 3) |
| 2. arguments regarding insurer's liability despite licence issues. (Para 4) |
| 3. court's reasoning for compensation enhancement. (Para 5 , 6 , 7) |
| 4. final ruling and compensation details. (Para 8) |
JUDGMENT
This appeal has been filed by the claimants in OP(MV) No.678 of 2012 on the files of the Motor Accidents Claims Tribunal, Kottayam, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. The case of the claimants was that on 27.03.2012, while the deceased was travelling in an autorickshaw bearing Reg.No.KL-05/AC-1077 driven by the first respondent in a rash and negligent manner, it hit against a compound wall, whereby he sustained fatal injuries and succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹11,68,000/-.
3. The first respondent, who was the owner-cum-driver of the offending vehicle, filed a written statement, denying negligence and disputing the liability and quantum of compensation. The second respondent insurer filed a written statement, admitting the policy co
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