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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SUDHAKARAN – Appellant
Versus
THE NATIONAL INSURANCE CO.LTD – Respondent
| Table of Content |
|---|
| 1. background of the claimants and the accident details. (Para 1 , 2 , 3) |
| 2. arguments for compensation enhancement. (Para 4 , 5) |
| 3. court's evaluation of compensation reasonableness. (Para 6) |
| 4. court's decision regarding compensation awarded. (Para 7) |
JUDGMENT
This appeal is filed by the claimants in OP (MV) No.612 of
2013 on the file of the Motor Accidents Claims Tribunal, Kollam, claiming enhancement of compensation. The respondents herein was the second respondent before the tribunal.
2. According to the claimants, on 02.02.2011, at about
02.00 p.m., the deceased sustained injuries in front of S.B.T. Poruvazhy in Kadampanadu – Bharanikkavu public road, when the offending motorcycle bearing Registration No. KL-24B-8394 hit him due to the rash and negligent riding of the first respondent. Due to the accident, the deceased sustained serious injuries and succumbed to those injuries. The claimants who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹5,00,000/- which is limited to ₹4,00,000/-.
3. The first respondent, the owner-cum-rider of the offending vehicle filed a written statement, contending that the accident occurred due
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