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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN RD, J
PRAKASINI – Appellant
Versus
SANKARANKUTTY NAIR – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3) |
| 2. arguments for enhancement of compensation. (Para 4) |
| 3. court’s reasoning based on legal precedents. (Para 5 , 6) |
| 4. final order and conclusion of the judgment. (Para 7) |
JUDGMENT
This appeal is filed by the claimants in OP (MV) No.1381 of 2005 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta, claiming enhancement of compensation. The respondents herein were respondents before the tribunal.
2. According to the claimants, on 16.08.2005 at about 6.00 p.m., while the deceased was travelling in an autorickshaw bearing registration No.KL-13/F-3877 driven by the first respondent through Chittar – Vadasserikkara road, in a rash and negligent manner, it hit against a rock and turned down. As a result, the deceased sustained serious injuries and succumbed to the injuries. The claimants who are the wife, daughter and the mother of the deceased, approached the tribunal claiming a total compensation of ₹8,28,500/-.
3. Though notice was served on the first respondent, the owner-cum-driver of the offending vehicle, he remained absent and was set ex parte before the tribunal. The second respondent – insurer filed a
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