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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SHEELAW/O. LATE ARAVINDAKSHAN – Appellant
Versus
RAVI M.DS/O. DAMODARAN – Respondent
| Table of Content |
|---|
| 1. misclassification of claim type (Para 1 , 2) |
| 2. arguments regarding compensation claims (Para 3 , 4 , 5 , 6) |
| 3. court's evaluation of evidence (Para 7 , 8) |
JUDGMENT
This appeal is filed by the claimants in O.P (MV) No.980 of 2012 on the file of the Motor Accidents Claims Tribunal, Kollam, challenging the award passed by the tribunal. The respondents herein were the respondents 1 and 3 before the tribunal.
2. According to the claimants, on 12.12.2010 at about 11.45 a.m., while the deceased was travelling as a pillion rider on a motorcycle bearing reg. No. KL-01/AG 5595, a private bus bearing Registration No. KL-02-AD-8998, driven by the 2nd respondent in a rash and negligent manner, hit the motorcycle. As a result of the accident, the deceased sustained grievous injuries and subsequently succumbed to the same. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹19,00,000/-.
3. The 1st respondent/owner and the 2nd respondent/driver of the offending vehicle remained ex parte before the tribunal. The 3rd respondent/insurer filed a written statement admitting the validity of the policy but disputing the quantum of
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