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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
PRAKASH R.@ PRAKASAN – Appellant
Versus
UNITED INDIA INSURANCE COMPANY LIMITED – Respondent
| Table of Content |
|---|
| 1. establishment of factual background of the accident. (Para 1 , 2) |
| 2. tribunal's award as compensation. (Para 3) |
| 3. arguments regarding compensation enhancement. (Para 4 , 5) |
| 4. court's reasoning regarding compensation. (Para 6) |
| 5. determination of enhanced compensation. (Para 7) |
JUDGMENT
This appeal is filed by the claimants in O.P (MV) No.2307 of
2016 on the file of the Motor Accidents Claims Tribunal, Ernakulam dissatisfied with the quantum of compensation awarded by the tribunal. The respondent herein was the 3rd respondent before the tribunal.
2. According to the claimants, on 16.07.2016 at about 07.00 am, while the deceased was riding a scooter bearing reg. No. KL-32-J- 1506, a container lorry bearing registration No.KL-43-C-9063 driven by the 2nd respondent in a rash and negligent manner came from behind and hit the scooter. As a result of the accident the deceased fell down and sustained grievous injuries and succumbed to the injuries on the same day. The claimants, being the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹40,72,750/- limited to ₹25,00,000/-.
3. The first and second respondent/owner and driver of the offendin
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