Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
THE ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
AFSAL K.S. – Respondent
| Table of Content |
|---|
| 1. claimant sustained injuries due to negligence. (Para 2 , 10) |
| 2. insurance company contests compensation amount. (Para 4 , 6 , 7) |
| 3. determination of compensation based on injury severity. (Para 11 , 14 , 15) |
| 4. court dismisses the appeal, affirming the award. (Para 16) |
JUDGMENT
This is an appeal preferred by the 3rd respondent insurance company in O.P.(MV) No.727/2009 on the file of the Motor Accidents Claims Tribunal, Thodupuzha, challenging the quantum of award on the ground that the amount awarded as compensation by the Tribunal is exorbitant.
2. The case of the claimant in the O.P was that on 26.9.2008 at about 5.15 pm, while the claimant, then aged 14, was travelling in a bus bearing registration No.KL-6C-2180, due to the rash and negligent driving of the 1st respondent, who was the driver of the bus, claimant was thrown out from the bus and the claimant sustained injuries in the accident. Second respondent is the RC owner of the said bus, and the 3rd respondent is the insurer. Hence, he claimed compensation from R1 to R3 under Section 166 of Motor Vehicles Act .
3. Respondent Nos.1 and 2 remained absent and they were set ex parte by the Tribunal.
4. 3rd responde
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
