IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
ROY JOSEPH – Appellant
Versus
JOSSY ABRAHAM UPPUKUNNEL – Respondent
| Table of Content |
|---|
| 1. claim for compensation after motorcycle accident. (Para 1 , 2) |
| 2. arguments regarding insurance liability and negligence. (Para 3 , 4) |
| 3. court's assessment of damages and injuries sustained. (Para 5 , 11 , 12 , 13 , 14 , 15 , 17 , 18 , 20) |
| 4. judgment allows enhanced compensation. (Para 21) |
| 5. final directives regarding payment and interest. (Para 22 , 24) |
JUDGMENT
This appeal is preferred by the claimant challenging the inadequacy of the award passed in O.P. (MV) No.1497 of 2009 on the file of the Motor Accidents Claims Tribunal, Kottayam. The appellant also challenges the finding of the Tribunal exonerating the 2nd respondent insurance company from paying the award amount.
2. The claimant filed the OP stating that on 07.08.2009, while he was riding a motorcycle bearing Registration No.KL 08/ AH 6328 along the Changanacherry-Vazhoor road and when he reached at Madukkummoodu bhagam, an autorikshaw bearing registration No.KL 05/K 7494 driven by the 1st respondent hit on his motorcycle and as a result of which he sustained injuries. Accident occurred due to the rash and negligent driving of the autorickshaw by the 1st respondent, who was the registered owner cum driver.
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