IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoha Annamma Eapen, J
Rejani – Appellant
Versus
Shinoj .T – Respondent
| Table of Content |
|---|
| 1. claims from motor accident (Para 1 , 2 , 3) |
| 2. court's analysis and compensation calculation (Para 4 , 5 , 6) |
| 3. final order and enhanced compensation (Para 7) |
JUDGMENT
This appeal is filed by the claimants in OP (MV) No.414 of
2016 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 24.10.2015, at about
02.45 p.m., while the deceased after getting down from a goods vehicle was trying to cross the road, a car bearing registration No.KL-11-AY-8000 driven by the second respondent in a rash and negligent manner dashed against the goods vehicle and it fell on the deceased and thereby sustained serious injuries and succumbed to the injuries while undergoing treatment. The claimants who were the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹36,48,378/-
which is limited to ₹35,00,000/-.
3. The first, second and third respondents were the owner, driver and the insurer of the offending vehicle respectively. Respondents 1 and 2 filed a joint written statement admitting the accident but denying th
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