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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
THE ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
PATHUMMU W/O.(L)ABDURAHIMAN – Respondent
| Table of Content |
|---|
| 1. overview of the compensation claim and accident details. (Para 1 , 2 , 3) |
| 2. disputes regarding compensation heads and their quantification. (Para 5) |
| 3. court’s reasoning on compensation factors and adjustments. (Para 6) |
| 4. final ruling on compensation amount and order of payment. (Para 7) |
JUDGMENT
This appeal is filed by the 3rd respondent/insurance company in O.P.(MV) No.919 of 2013 on the file of the Motor Accidents Claims Tribunal, Tirur, challenging the quantum of compensation awarded by the tribunal. The respondents herein were the claimants before the Tribunal. Cross Objection No.73 of 2015 in the appeal has been filed by the claimants, dissatisfied with the quantum of compensation in the impugned award.
2. According to the claimant, on 06.08.2013 at about 3.15 p.m., while the deceased was riding a motorcycle bearing Reg. No.KL-55-K-7773, a bus bearing Reg. No.KL-08-AW-7676 driven by the 2nd respondent in a rash and negligent manner hit the motorcycle whereby he sustained serious injuries and later succumbed to those injuries. The claimant approached the tribunal claiming a total compensation of ₹22,60,000/-.
3. Respondents 1 and 2 who were the owner and the dri
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