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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
RMAKRISHNAN (DECEASED) – Appellant
Versus
THE NEW INDIA ASSURANCE COMPANY LTD – Respondent
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| Table of Content |
|---|
| 1. review of facts surrounding the appeal regarding compensation claim. (Para 1 , 2 , 3) |
| 2. court's observations on the appropriateness of the awarded compensation. (Para 4 , 6) |
| 3. discussion on the enhancement of compensation based on legal precedents. (Para 5) |
| 4. final decision regarding the modification of the tribunal's award. (Para 7) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.1359 of 2010 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, claiming enhancement of compensation. The respondents herein were the respondents 1 & 2 before the tribunal.
2. According to the claimant, on 12.07.2010 at about 08.30 pm, while the claimant was riding a motorcycle bearing reg. No. KL-45- 8111, another motorcycle bearing reg. No. KL-8/U 2354, ridden by the 2nd respondent in a rash and negligent manner with excessive speed by overtaking another autorickshaw hit against the claimant's motorcycle. As a result of the accident, he had sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹17,16,000/- limited to ₹12,00,000/-.
3. The first respondent/owner and the second respondent/rider of the offending vehicle remained
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