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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SARASU, W/O. MONY, KIZHAKKEPARAMBIL HOUSE, PLAVINCHUVADU POST, VENGALLOOR ,KUMARAMANGALAM VILLAGE, THODUPUZHA TALUK – Appellant
Versus
BINOY SEBASTIAN S/O. SEBASTIAN, ALACKATHADATHIL HOUSE, PANNIMATTOM KARA & POST, VELLIYAMATTOM VILLAGE, THODUPUZHA TALUK 685 584 – Respondent
| Table of Content |
|---|
| 1. basis for appeal due to dissatisfaction with awarded compensation. (Para 1 , 2 , 3) |
| 2. arguments presented for enhanced compensation calculations. (Para 4 , 5) |
| 3. court's observations on the tribunal's computations. (Para 6) |
| 4. final ruling on additional compensation awarded. (Para 7) |
JUDGMENT
This appeal has been filed by the claimants in OP(MV) No.436 of 2008 on the files of the Motor Accidents Claims Tribunal, Thodupuzha, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. The case of the claimants was that on 22.01.2008, while the deceased was riding a motorcycle bearing Reg.No.KL-6- D/4586, a bus bearing Reg.No.KL-17-D/3993 driven by the first respondent in a rash and negligent manner, hit the motorcycle, 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 ₹25,00,000/-.
3. Respondents 1 and 2, who are the driver and owner of the offending vehicle respectively, remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for
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