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2026 Supreme(Online)(Ker) 18451

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
NATIONAL INSURANCE COMPANY LTD – Appellant
Versus
GIRIJAKUMAR – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.SEBASTIAN VARGHESE, SHRI.P.V.BABY, SHRI.A.N.SANTHOSH
For the Respondents: SHRI.A.N.SANTHOSH, SHRI.SEBASTIAN VARGHESE

Table of Content
1. evaluation of total compensation post-accident. (Para 1 , 2 , 3)
2. discussions on compensation heads and calculations. (Para 4 , 5)
3. final judgment on adjusted compensation. (Para 6)

J UDGMENT

[MACA Nos.3337/2015, 1260/2016]

Since these two appeals arise from the same award in O.P.(MV) 805/2012 on the file of the Motor Accidents Claims Tribunal, Irinjalakuda, the appeals are heard together and are disposed of by this judgment. M.A.C.A.No.3337 of 2015 is filed by the 2nd respondent/insurer, challenging the compensation awarded, whereas M.A.C.A.No.1260 of 2016 is filed by the claimant, dissatisfied with the quantum of compensation awarded by the tribunal. The parties are hereinafter referred to as arrayed in the Original Petition.

2. The brief facts of the case are as follows: on 21.04.2012, at about 07.00 p.m., while the claimant was riding on a motorcycle bearing registration No.KL-08-AC-1398 through Pudukad – Amballur public road, a car bearing registration No.KL-48-6806 driven by the first respondent in a rash and negligent manner hit against the motorcycle and as a result, the claimant sustained serious injuries. The claimant approached the tribunal, claiming a t

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