IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
SASIDHARAN – Appellant
Versus
THE BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD – Respondent
| Table of Content |
|---|
| 1. details of the accident and compensation claim. (Para 2 , 3) |
| 2. court's observations on the award and legal principles. (Para 4 , 7) |
| 3. enhancement of compensation arguments. (Para 5 , 6) |
| 4. modification and final ruling on compensation. (Para 8) |
JUDGMENT
This appeal is filed by the claimant in O.P. (MV) No.1023 of
2015 on the file of the Additional Motor Accidents Claims Tribunal, Mavelikara, claiming enhancement of compensation. The respondent herein was the 3rd respondent before the tribunal. 2. According to the claimant, on 16.05.2014 at about 11.45 am while the claimant was riding a motorcycle bearing reg. No. KL-04-F-7805 and when reached near Haripad KSRTC bus stand, a KSRTC bus bearing registration No.KL-15-9893 driven by the 1st respondent in a rash and negligent manner knocked the claimant. As a result of the accident, he had sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹16,50,000/-.
3. The 1st respondent/driver remained ex parte before the tribunal. The 2nd respondent/KSRTC filed a written statement contending that the application is bad for non-joinder of necessary parties and that the accident occurred d
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