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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
V.BIJI – Appellant
Versus
THE MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD – Respondent
| Table of Content |
|---|
| 1. details of the accident and initial compensation awarded (Para 1 , 2 , 3) |
| 2. hearing and arguments presented in court (Para 4) |
| 3. claims for enhancement of compensation under various heads (Para 5 , 6) |
| 4. final order and enhancement of compensation awarded (Para 7) |
JUDGMENT
This appeal has been filed by the claimants in OP(MV) No.2195 of 2015 on the files of the Motor Accidents Claims Tribunal, Kollam, claiming enhancement of compensation. The respondent herein was the third respondent before the tribunal.
2. The case of the claimants was that on 24.11.2015, while the deceased was riding a motorcycle bearing Reg.No.KL- 61B/2712, a KSRTC bus bearing Reg.No.KL-15-/7635 driven by the second respondent in a rash and negligent manner, hit the motorcycle, 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 ₹35,00,000/-.
3. Respondents 1 and 2, who were the owner and driver of the offending vehicle respectively, filed a written statement, alleging negligence on the part of the deceased. The third respondent insurer filed a written statement, admitting
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