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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SAKUNTHALA – Appellant
Versus
THE DIVISIONAL MANAGER, THE KERALA INSURANCE DEPARTMENT – Respondent
| Table of Content |
|---|
| 1. details of the accident and initial tribunal award. (Para 1 , 2 , 3) |
| 2. disputes regarding the compensation quantum and arguments for enhancement. (Para 4) |
| 3. court's recalculations and adjustments in compensation. (Para 5 , 6) |
JUDGMENT
Since these two appeals arise from the very same award dated
10.09.2014 in O.P.(MV) No.2250 of 2011 on the file of the Motor Accidents Claims Tribunal, Kollam, these appeals are heard together and being disposed of by this judgment. M.A.C.A.No.759 of 2015 is filed by the claimants in the O.P seeking enhancement of compensation, whereas MACA No.365 of 2016 is filed by the respondents 3 & 4 in the O.P challenging quantum of compensation awarded by the tribunal.
2. The facts of the case are as follows: According to the claimants, on 19.07.2011 at about 11.40 p.m., the deceased sustained fatal injuries as a result of being hit by the offending car bearing Registration No. KL-7/AC 5291, which was driven by the 2nd respondent in a rash and negligent manner. As a result of the accident, the deceased had sustained serious injuries and succumbed to the injuries. The legal heirs of the claimant approached the tribunal claiming a total compensati
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