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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
NALINI – Appellant
Versus
SATHYAN K.U – Respondent
| Table of Content |
|---|
| 1. the circumstances of the accident and compensation claim (Para 1 , 2 , 3) |
| 2. procedural developments in the appeal (Para 4 , 5) |
| 3. arguments for enhanced compensation (Para 6) |
| 4. court's observations on compensation enhancement (Para 7) |
| 5. final decision on additional compensation awarded (Para 8) |
JUDGMENT
This appeal is filed by the claimants in OP (MV) No.842 of
2015 on the file of the Motor Accidents Claims Tribunal, Vatakara, claiming enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. According to the claimants, on 18.01.2015 at about 4.30 p.m., while the deceased was pillion riding on a motorcycle bearing registration No.KL-11-J-339 from Perambra to Payyoli, a goods autorickshaw bearing registration No.KL-56-D-4841 driven by the first respondent in a rash and negligent manner hit against the motorcycle and as a result, the deceased sustained serious injuries and succumbed to the injuries on 03.02.2015 while undergoing treatment. The claimants who are the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹36,45,000/- which is limited to ₹20,00,000/-.
3. The first respondent, the owner-c
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