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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SREEJITH K.P. – Appellant
Versus
THE NEW INDIA ASSURANCE COMPANY LIMITED – Respondent
| Table of Content |
|---|
| 1. the appeal arises from a claim for compensation due to a vehicular accident. (Para 1 , 2) |
| 2. the tribunal calculated compensation based on negligence and injury impact. (Para 3 , 4) |
| 3. court recalculated compensation for loss of earnings and disability. (Para 5 , 6) |
| 4. the appeal was partially successful, leading to increased compensation. (Para 7) |
JUDGMENT
This appeal has been filed by the claimant in OP(MV) No.364 of
2018 on the files of the Motor Accidents Claims Tribunal, Vatakara, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. The case of the claimant was that on 20.08.2017, while the claimant was travelling in a bus bearing Reg.No.KL-18-C-9540 driven by the second respondent in a rash and negligent manner, the bus dashed against a car, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of ₹10,00,000/-.
3. Respondents 1 and 2, who are the owner and driver of the offending vehicle respectively, remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the li
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