IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
EUGY W/O.LATE BABU – Appellant
Versus
P.K.UMMAR S/O.P.K.ABU – Respondent
| Table of Content |
|---|
| 1. claimants filed for enhanced compensation. (Para 1 , 2 , 3) |
| 2. claimants' contentions regarding injuries and causation. (Para 5 , 6) |
| 3. court evaluates evidence and causation of death. (Para 8) |
| 4. consideration of additional compensation under various heads. (Para 9) |
| 5. outcome and order on enhanced compensation. (Para 10 , 11) |
JUDGMENT
This appeal is filed by the claimants in O.P (MV) No.723 of 2009 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, claiming enhancement of compensation. The respondents herein were the respondents 2 and 3 before the tribunal.
2. The case of the claimant is that on 13.01.2009 at about 5.30 p.m, while the claimant was riding in a motorcycle bearing Reg.KL-8-9235, a lorry bearing Reg. No. KL-01/C 6809 driven by the 1st respondent in a rash and negligent manner, hit against the claimant’s vehicle. As a result of which, he fell down to the road and sustained grievous injuries and later succumbed to those injuries, during the pendency of the claim petition, on 20.04.2011. The legal heirs of the deceased approached the tribunal claiming a total compensation of ₹17,23,000/- limited to ₹10,00,000/-.
3. The first and second respond
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