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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
C.V.JOSEPH CHARIVUPARAMBIL HOUSE, AREEKKACKAVU, MANIYAR P.O, PATHANAMTHITTA DISTRICT. – Appellant
Versus
SYED AZAZ PROPRIETOR M/S. SHAMA TRANSPORT – Respondent
| Table of Content |
|---|
| 1. accident circumstances and compensation awarded. (Para 1 , 2 , 3) |
| 2. court's enhancement of compensation based on arguments presented. (Para 4 , 5 , 6) |
| 3. final order and conditions for compensation disbursement. (Para 7) |
JUDGMENT
This appeal is filed by the claimant in O.P (MV) No.660 of 2009 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta, claiming enhancement of compensation. The respondents herein were the respondents 2 and 3 before the tribunal.
2. According to the claimant, on 27.04.2009 at about 11.30 a.m., while the claimant was travelling in a tourist bus bearing Registration No. KA 01 B 9772, driven by the 1st respondent in a rash and negligent manner, the said bus struck a truck bearing Registration No. KA 05 AF 4199, parked by the side of the road. As a result of the accident, he had sustained serious injuries. The claimant approached the tribunal claiming compensation of ₹8,84,000/- limited to ₹6,00,000/-.
3. The first respondent/driver 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 disputing the quantum of comp
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