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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
MINU ELIZABETH PHILIP – Appellant
Versus
SREEJITH KAILAS – Respondent
| Table of Content |
|---|
| 1. overview of the accident and compensation claims. (Para 1 , 2 , 6 , 7) |
| 2. parties' arguments regarding negligence and compensation. (Para 3 , 4 , 8 , 9) |
| 3. court's observations on compensation calculation methodology. (Para 10 , 14) |
| 4. affirmation of the multiplier method in compensation assessment. (Para 11 , 12 , 13) |
| 5. final ruling on awarded compensation. (Para 16 , 17 , 18 , 19) |
JUDGMENT
The claimants in OP(MV) No.1700/2017 of Motor Accidents Claims Tribunal, Kottayam [hereinafter referred to as ‘the Tribunal’] have filed this appeal seeking enhancement of compensation awarded by the Tribunal.
2. The claimants filed the petition seeking compensation under Section 166 of the Motor Vehicles Act , stating that on 02.06.2017 at 8 p.m., while the victim Johny Joseph, who was the husband of 1st claimant and father of claimants 2 and 3, was walking along MC road, Carithas Bhagom, he was knocked down by a car bearing registration No.KL-05-AQ-544. Victim suffered serious injuries in the accident and he succumbed to the injuries. Accident occurred due to the rash and negligent driving of the car by R1, who was the owner cum driver of the car. R2 is the insurer of the vehi
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