IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
VIJIMOL – Appellant
Versus
ABDUL SALIM N.M. – Respondent
| Table of Content |
|---|
| 1. details of the appeal and accident. (Para 1 , 2 , 3) |
| 2. arguments and evidence for compensation. (Para 4 , 5 , 6) |
| 3. modification of compensation awarded. (Para 7) |
JUDGMENT
This appeal is filed by the claimants in OP (MV) No.1307 of 2014 on the file of the Motor Accidents Claims Tribunal, Alappuzha, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. According to the claimants, on 16.07.2014, at about
10.45 p.m., while the deceased was riding a scooter through Kollam – Alappuzha N.H., a car bearing registration KL-34/B- 3007 driven by the first respondent in a rash and negligent manner hit against the scooter and as a result, the deceased sustained serious injuries and succumbed to the injuries on the same day. The claimants who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹21,52,000/-, which is limited to ₹21,50,000/-.
3. Though notice was served on the second respondent, the insured owner of the offending vehicle, he remained absent and was set ex parte before the tribunal. The first respondent, the driver cum owner of the offending vehicle entered appearance, howe
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