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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SHAMEYON, S/O.CHANDRAN – Appellant
Versus
PRANAV, S/O.PRAKASAN – Respondent
| Table of Content |
|---|
| 1. court's reasoning on insurance liability and compensation adjustment (Para 1 , 4 , 8) |
| 2. accident details and initial tribunal decision (Para 2 , 3) |
| 3. court's evaluation of injury report and liability issues (Para 5 , 9) |
| 4. claimant's arguments for enhancement of compensation (Para 6 , 7) |
| 5. final verdict and compensation order (Para 10) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.1196 of
2012 on the file of the Motor Accidents Claims Tribunal, Pala, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. According to the claimant, on 07.10.2012 at about 05.00 pm, while the claimant was traveling as a pillion rider on a motorcycle, another motorcycle ridden by the 1st respondent in a rash and negligent manner hit against the claimant. As a result of the accident, he had sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹40,81,000/- limited to ₹30,00,000/-.
3. The first respondent/rider and the second respondent/owner of the offending vehicle remained ex parte before the tribunal. The 3rd respondent/insurer filed a written statement admitting the policy but disputin
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