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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
SUNI. S. KUMAR @ SUNI VASUDEVAN – Appellant
Versus
THE MANAGER M/S NEW INDIA ASSURANCE CO.LTD. – Respondent
| Table of Content |
|---|
| 1. overview of the motor accident claims. (Para 1 , 2 , 3) |
| 2. hearing and counsel representation. (Para 4) |
| 3. arguments for compensation enhancement. (Para 5 , 6) |
| 4. final order regarding enhanced compensation. (Para 7) |
JUDGMENT
This appeal is filed by the claimants 1, 3 and 4 in OP (MV)
No.33 of 2009 on the file of the Motor Accidents Claims Tribunal, Attingal, claiming enhancement of compensation. The respondent herein was the third respondent before the tribunal.
2. According to the claimants, on 05.02.2008, at about
04.45 p.m., the deceased was knocked down by a car bearing registration No.KL-01-V-1136, driven by the second respondent in a rash and negligent manner and as a result, the deceased sustained serious injuries and succumbed to the injuries while undergoing treatment. The claimants who were the legal heirs of the deceased, approached the tribunal claiming a total compensation of ₹18,02,000/- which is limited to ₹18,00,000/-
3. Though notice was served on the first and second respondents/owner and the driver of the offending vehicle respectively, they remained absent and were set ex parte before the tribunal. The third respondent insurer filed a written statem
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