IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoba Annamma Eapen, J
Abhishek Varma M. – Appellant
Versus
New India Assurance Company Limited – Respondent
| Table of Content |
|---|
| 1. overview of tribunal award and appeal background. (Para 1 , 2 , 3) |
| 2. assessment of permanent disability and calculation of income. (Para 4 , 5) |
| 3. final determination of enhancement and disbursement orders. (Para 6 , 7) |
JUDGMENT
This appeal is filed by the claimant in O.P.(MV) No.1558 of
2017 on the file of the Principal Motor Accidents Claims Tribunal, Kozhikode, claiming enhancement of compensation. The respondent herein was the 3rd respondent before the tribunal. 2. According to the claimant, on 04.07.2017 at 08.30 am, while the claimant was riding a motorcycle bearing reg. No. KL- 11-AM-866, a bus bearing registration No.KL-11-T-9595 driven by the 2nd respondent in a rash and negligent manner hit the motorcycle. As a result of the accident, he had sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹5,00,000/-.
3. The second respondent/driver of the offending vehicle remained ex parte before the tribunal. The first respondent/owner filed a written statement admitting the accident but disputing negligence. The 3rd respondent filed a written statement admitting the policy but disputing the quantum of compensation claime
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