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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
BABU – Appellant
Versus
THE UNITED INDIA INSURANCE COMPANY LTD – Respondent
| Table of Content |
|---|
| 1. claim for enhancement of compensation established. (Para 1 , 2 , 3) |
| 2. arguments presented by the appellant. (Para 4) |
| 3. court's analysis of compensation claims. (Para 5) |
| 4. modifications to the tribunal's award and final orders. (Para 6 , 7) |
JUDGMENT
This appeal has been filed by the claimant in OP(MV) No.639 of
2011 on the files of the Motor Accidents Claims Tribunal, Irinjalakuda, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. The case of the claimant was that on 15.04.2011, while he was riding pillion on a motorcycle bearing Reg.No.KL-45-A-422, another motorcycle bearing Reg.No.KL-45-D-2482 ridden by the second respondent in a rash and negligent manner, hit the motorcycle, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of ₹6,33,000/-.
3. Respondents 1 and 2, who are the owner and rider of the offending vehicle respectively, remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liability and quantum of compensation claimed. PW1 was examined and Ex
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