IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
THE ORIENTAL INSURANCE CO.LTD., MANJERI, REP. BY ITS AUTHORISED SIGNATORY – Appellant
Versus
KUNHIMOIDEEN K.T S/O. MAYIN – Respondent
| Table of Content |
|---|
| 1. assessment of compensation for a minor's death in a vehicle accident. (Para 1 , 2 , 3) |
| 2. arguments on compensation amount based on precedents. (Para 4 , 5) |
| 3. final determination of compensation amount to be awarded. (Para 6) |
JUDGMENT
This appeal is filed by the second respondent/insurance company in OP(MV) No.911 of 2011 on the file of the Motor Accidents Claims Tribunal, Manjeri, challenging the quantum of compensation for the death of a minor child aged 4 years. The respondents herein are the claimants before the tribunal.
2. The brief facts of the case is as follows: on 01.06.2011 at about 12.00 p.m., while the deceased, a four year old baby, was travelling in an autorickshaw bearing registration No.KL- 10-AD-3328 from Mannampara to his house, due to the rash and negligent driving of the first respondent in excessive speed, the deceased was thrown to the road and as a result, the autorickshaw ran over the body of the minor child. Due to the accident, the minor child sustained serious injuries and succumbed to the injuries on the way to the hospital. The claimants, who are the legal representatives of the deceased, approached the tribunal claiming a total compen
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