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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED – Appellant
Versus
E.J. JOSEPH – Respondent
| Table of Content |
|---|
| 1. facts of the case (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding compensation (Para 6 , 11 , 12) |
| 3. court analysis of compensation claims (Para 8 , 9 , 10 , 14 , 15 , 16 , 17) |
| 4. court's determination of award fairness (Para 13 , 18) |
| 5. final judgment and directives (Para 20 , 21) |
JUDGMENT
Appeal is preferred by the insurance company challenging the award in O.P. (MV)No.349/2010 of Motor Accidents Claims Tribunal, Manjeri (for short ‘the Tribunal) on the ground that the amount awarded by the Tribunal is excessive and exorbitant.
2. Claimant has preferred cross objection contending that the award passed by the Tribunal is meager and inadequate.
3. For the sake of convenience, the parties in this appeal shall be referred to as claimant and respondents as per their rank in the O.P(MV).
4. On 20.04.2009 at 13.15 hours, while the claimant was riding a motorcycle bearing registration No.KL-53-7558, through the public road and when he reached at Periyappuram, a lorry bearing registration No.KA-01-AC-4596 driven by the 1st respondent in a rash and negligent manner knocked down him, causing grievous injuries. Accident occurred due to the rash and negligent driving of the lorry b
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