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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SANTHA GOPINATHA MENON – Appellant
Versus
THE DEPUTY DIRECTOR HEALTH AND FAMILY WELFARE SERVICE – Respondent
| Table of Content |
|---|
| 1. fatal accident due to negligent driving. (Para 1 , 2 , 3) |
| 2. claimants' arguments for compensation enhancement. (Para 4 , 5 , 6) |
| 3. insurer’s obligations regarding compensation payment. (Para 7 , 8) |
| 4. final order and amount awarded. (Para 10) |
JUDGMENT
This appeal has been filed by the claimants in OP(MV) No.453 of
2006 on the files of the Motor Accidents Claims Tribunal, Muvattupuzha, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. The case of the claimants was that on 03.12.2001, while the deceased was accompanying the dead body of his brother in an ambulance bearing Reg.No.KL-IN-1153 driven by the third respondent in a rash and negligent manner, the ambulance hit against a tree, whereby he sustained fatal injuries and succumbed to the injuries. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹4,50,000/-.
3. The first respondent/owner of the offending vehicle filed a written statement, stating that the application is bad for non-joinder of necessary parties. The third respondent/driver of the offending vehicle remained ex parte before the tribunal.
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