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2026 Supreme(Online)(Ker) 13910

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
THE ORIENTAL INSURANCE CO LTD. – Appellant
Versus
A.K.SASIDHARAN (DIED) – Respondent


Advocates:
For the Appellants/Petitioners: SRI.VPK.PANICKER
For the Respondents: SHRI.DOMSON J.VATTAKUZHY, SRI.MATHEW JOHN (K)

JUDGMENT

[MACA No.3278 of 2015 & C.O.No.10 of 2016]

This appeal is filed by the 3rd respondent insurance company in O.P.(MV) No.806 of 2013 on the file of the Motor Accidents Claims Tribunal, Pala, challenging the quantum of compensation awarded by the tribunal. The respondent herein was the claimant and the legal heirs of the original claimants. The Cross Objection No.10 of 2016 is filed by the claimant/legal heirs of the claimant seeking enhancement of compensation.

2. Brief facts of the case are as follows: On 06.10.2013, at about 8.00 a.m., while the claimant was attempting to cross the road, a stage carriage bus bearing registration No.KL-34/B- 9599 hit on the claimant and as a result, he sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹12,00,000/-.

3. The first, second, third and additional fourth respondents were the owner, driver, insurer and the possessor of the offending vehicle respectively. Though notice was served on the first, second and additional fourth respondents, they remained absent and were set ex parte before the tribunal. The third respondent-insurer filed a written statement admitting the insurance policy, disput

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