IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. Snehalatha, J
Prasad – Appellant
Versus
Prajeesh P.R. – Respondent
| Table of Content |
|---|
| 1. claimants challenge the compensation awarded. (Para 1 , 4 , 6) |
| 2. insurance company disputes with counterarguments. (Para 2 , 8) |
| 3. court's refinements in compensation assessment. (Para 9 , 11 , 12 , 13 , 14) |
JUDGMENT
M.A.C.A.No.3041 of 2016 is an appeal preferred by the claimants in OP(M.V.) No.842 of 2011 of Motor Accidents Claims Tribunal, Irinjalakuda, challenging the inadequacy of the compensation awarded by the Tribunal.
2. M.A.C.A. No.3850 of 2016 is an appeal filed by the 3rd respondent/insurance company in the said O.P., challenging the quantum of award and also contending that since the driver of the offending autorickshaw had no badge at the time of the accident, there was violation of policy conditions and therefore, the Tribunal ought to have given right of recovery of the award amount from the owner of vehicle under pay and recovery principle.
3. Since these two appeals have been filed challenging the very same award, these appeals are disposed of together. Parties in these appeals shall be referred to as claimants and respondents as shown in the OP(MV).
4. The claimants, who are the husband and children of the victim lady named Mila, filed the claim peti
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