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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
ANNA MOLE @ ANNA MARIA PRINCE – Appellant
Versus
RADHAKRISHNAN V.R – Respondent
| Table of Content |
|---|
| 1. accident details and claimant's injuries (Para 1 , 2) |
| 2. respondents' contention regarding negligence (Para 3) |
| 3. court hears counsels' arguments (Para 4) |
| 4. enhancements for pain, amenities, dis-figuration (Para 5 , 6) |
| 5. final order on compensation and procedural directives (Para 7) |
JUDGMENT
This appeal has been filed by the claimant in OP(MV)
No.242 of 2008 on the file of the Motor Accidents Claims Tribunal, Thodupuzha, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. According to the claimant, on 23.03.2008 at about
11.10 a.m, while the claimant was travelling in a motorcycle bearing Reg. KL-38/5626 along the Pala-Thodupuzha road, a KSRTC bus bearing Reg. No.KL-15/4424 driven by the first respondent in a rash and negligent manner, hit on the motorcycle, whereby she sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹5,25,500/- limited to ₹4,00,000/-.
3. The first and second respondents/the driver and the registered owner of the offending vehicle, respectively, filed a written statement contending that the accident occurred due to the negligence of the rider of the m
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