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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
RELIANCE GENERAL INSURANCE CO LTD – Appellant
Versus
JANAKI – Respondent
| Table of Content |
|---|
| 1. establishing the circumstances of the accident and claims (Para 1 , 2) |
| 2. challenges to the quantum of compensation awarded (Para 3 , 5) |
| 3. court's reassessment of compensation based on legal standards (Para 4) |
| 4. conclusion and order for payment modification (Para 6) |
JUDGMENT
This appeal has been filed by the second respondent insurer in OP(MV) No.1212 of 2010 on the files of the Motor Accidents Claims Tribunal, Manjeri, challenging the quantum of compensation awarded to the claimants. The respondents 1 to 5 herein were the claimants before the tribunal.
2. The case of the claimants was that on 31.05.2010, while the deceased was walking towards Kolathoor, a car bearing Reg.No.KL-58-2170 driven by the first respondent in a rash and negligent manner, hit him, whereby he sustained fatal injuries and succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹16,50,000/-.
3. The first respondent, who was the driver-cum-owner of the offending vehicle, remained ex parte before the tribunal. The second respondent insurer filed a written statement, admitting the policy coverage for the offending ve
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