IN THE HIGH COURT OF KERALA AT ERNAKULAM
SHOBA ANNAMMA EAPEN, J
NATIONAL INSURANCE COMPANY LIMITED – Appellant
Versus
SALEENA – Respondent
| Table of Content |
|---|
| 1. accident facts and tribunal award overview (Para 1 , 2 , 3) |
| 2. reassessment of compensation quantum (Para 4) |
| 3. no future prospects without earning loss proof (Para 5) |
| 4. modified award with enhanced compensation (Para 6 , 7) |
JUDGMENT
Since these two appeals arise from the Award in O.P.(MV)
901/2013 on the file of the Motor Accidents Claims Tribunal, Kozhikode, the appeals are heard together and are disposed of by this judgment. M.A.C.A.No.1998 of 2016 is filed by the insurer, challenging the compensation awarded, whereas M.A.C.A.No.2665 of 2017 is filed by the appellant/claimant, dissatisfied with the quantum of compensation, The parties are hereinafter referred to as arrayed in the O.P.(MV).
2. The brief facts of the case is as follows: on
25.02.2013, at about 10.00 a.m., while the claimant was pillion riding on a motorcycle bearing registration No.KL-11-AN-7882 through Mavoor – Kozhikode road, a jeep bearing registration No.KCT – 9272 driven by the first respondent in a rash and negligent manner hit against the motorcycle and as a result, the claimant sustained serious injuries. The claimant approached the tribunal, claiming compensation.
3. Though notice was served o
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