Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
MANIAMMA RAGHAVAN – Appellant
Versus
THE MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED – Respondent
| Table of Content |
|---|
| 1. facts of the case detail the accident and initial tribunal ruling. (Para 1 , 2 , 3) |
| 2. arguments presented for compensation enhancement. (Para 4 , 5) |
| 3. court observations on previous awards and legal framework. (Para 6 , 7) |
| 4. final decision and directions for payment. (Para 8) |
JUDGMENT
This appeal has been filed by the claimants in OP(MV) No.701 of
2013 on the files of the Motor Accidents Claims Tribunal, Pala, claiming enhancement of compensation. The respondent herein was the second respondent before the tribunal.
2. The case of the claimants was that on 26.07.2013, while the deceased was standing by the side of Cumbammettu - Amayar public road, a motorcycle bearing Reg.No.TN-60/W-6825 ridden by the first respondent in a rash and negligent manner, hit him, whereby he sustained fatal injuries and succumbed to the injuries the next day. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹10,00,000/-.
3. The first respondent, who was the owner-cum-rider of the offending vehicle, filed a written statement before the tribunal, contending that the accident occurred due to the negligence of the deceased. The secon
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
