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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B.SNEHALATHA
Ummer C.K., S/O. Aboobacker A.P. – Appellant
Versus
Oriental Insurance Company ltd. – Respondent
| Table of Content |
|---|
| 1. factual history and parties' contentions regarding accident compensation. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. assessment of notional income and future prospects for permanent disability. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. requirement for realistic, continuous compensation for long-term prosthetic needs. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 4. final award breakdown and procedural directives for deposit of compensation. (Para 29 , 30 , 31) |
JUDGMENT :
M.B. SNEHALATHA, J.
1. Appellant, who is the claimant in O.P(MV) No.449/2009 of Motor Accidents Claims Tribunal, Thalassery (hereinafter referred to as 'the Tribunal'), has filed this appeal seeking enhancement of the compensation awarded by the Tribunal.
2. Appellant's/claimant's case is that on 6.4.2008 at about 9.45 pm., while he was travelling on a motorcycle bearing registration No.KL-13K/8503 and when he reached near Alinkeel at Narath, a car bearing registration No.KL-13M/2813, driven by R1 in the O.P in a rash and negligent manner, hit on the motorcycle and as a result of which the claimant sustained grievous injuries. The accident occurred due to the rash and negligent driv
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