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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
NATIONAL INSURANCE COMPANY LIMITED – Appellant
Versus
SIVADASAN – Respondent
| Table of Content |
|---|
| 1. claimant was injured due to motorcycle accident. (Para 1 , 2 , 3) |
| 2. court hears arguments from both parties. (Para 4) |
| 3. challenge to compensation quantum and recalculation. (Para 5 , 6) |
| 4. altered compensation awarded with specific orders. (Para 7) |
JUDGMENT
This appeal is filed by the 3rd respondent insurer in O.P.
(MV) No.257 of 2013 on the file of the Motor Accidents Claims Tribunal, Kozhikode, challenging the quantum of compensation awarded by the tribunal. The 1st respondent herein was the claimant and respondents 2 and 3 were the respondents 1 and 2 before the tribunal.
2. The case of the claimant is that on 04.10.2012 at about 9.30 am, while the claimant was walking along the side of the Kannur road, a motorcycle bearing Reg. No.KL-11-AN- 2973 driven by the 2nd respondent in a rash and negligent manner, hit the claimant, whereby he sustained serious injuries. The claimant approached the tribunal claiming compensation.
3. The respondents 1 and 2/the owner and the driver of the offending vehicle, respectively remained ex parte before the tribunal. The third respondent/insurer filed a written statement admitting the policy but denying the quantum of compensation c
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