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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
ARCHANA – Appellant
Versus
BENNY – Respondent
| Table of Content |
|---|
| 1. claimant's accident details and injuries. (Para 2 , 3 , 4 , 7) |
| 2. contentions regarding compensation amounts. (Para 5 , 6) |
| 3. supreme court precedents for calculating disability compensation. (Para 8 , 9) |
| 4. enhancement of additional compensation amounts. (Para 10 , 11) |
| 5. final order for compensation payment and procedures. (Para 12 , 13 , 14 , 15) |
JUDGMENT This appeal has been filed by the claimant in O.P (MV)
No.140/2015 on the file of the Motor Accidents Claims Tribunal,(hereinafter referred to as “tribunal”), Ottapalam, seeking enhancement of compensation awarded by the Tribunal.
2. The case of the claimant is that on 01.12.2014 at about 9.15 a.m., while the claimant then aged 9 was travelling as a pillion rider of a motorcycle bearing Reg. No.KL-49-2543 through Vandazhy-Mangalam dam public road, a pickup van bearing Reg. No.KL-49-3165 driven by the 1st respondent in a rash and negligent manner, dashed against the motorcycle and as a result of which the claimant sustained serious injuries. The accident occurred due to the rash and negligent driving of the 1st respondent, who was the driver of the pickup van. The 2nd respondent is the registered owner of the offend
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