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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
MAYA – Appellant
Versus
VIJESH.K.V. – Respondent
| Table of Content |
|---|
| 1. details of the accident and claimant's initial compensation claim. (Para 1 , 2) |
| 2. court's evaluation of evidence and prior tribunal award. (Para 3 , 4) |
| 3. arguments presented related to income and compensation enhancement. (Para 5 , 6) |
| 4. calculation adjustments for compensation in consideration of legal precedents. (Para 7) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.462 of 2004 on the file of the Motor Accidents Claims Tribunal, Thalassery, seeking enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. According to the claimant, on 13.07.2003, while she was travelling in a car bearing Reg.No.KL-13/D2919 driven by the 1st respondent, in a rash and negligent manner, who lost control of the vehicle and collided with a bus bearing Reg.No.10/N 5745. As a result of the collision, the claimant sustained serious injuries and the claimant approached the tribunal claiming a total compensation of ₹5,00,000/-.
3. The respondents 1 and 2 being the driver and the owner of the car, remained ex-parte before the tribunal. The 3rd respondent insurer filed a written statement admitting the policy, but disputing the quantum of
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