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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoba Annamma Eapen, J
Subramanian – Appellant
Versus
Oriental Insurance Company Ltd – Respondent
| Table of Content |
|---|
| 1. factual background and initial tribunal adjudication of the motor accident claim. (Para 1 , 2 , 3) |
| 2. determination of enhanced compensation based on notional income, medical expenses, and disability. (Para 4 , 5) |
| 3. final calculation of enhanced compensation, interest rates, and procedural orders. (Para 6 , 7) |
JUDGMENT
This appeal has been filed by the claimant in OP(MV) No.1406 of 2014 on the files of the Motor Accidents Claims Tribunal, Perumbavoor, claiming enhancement of compensation. The respondent herein was the third respondent before the tribunal.
2. The case of the claimant was that on 16.08.2014, while he was riding a motorcycle bearing Reg.No.KL-40/C-4454, a tipper lorry bearing Reg.No.KL-41/C-4719 driven by the second respondent in a rash and negligent manner, hit the motorcycle, whereby he sustained serious injuries. He approached the tribunal claiming a total compensation of ₹12,00,000/-.
3. Respondents 1 and 2, who were the owner and driver of the offending vehicle respectively, remained ex parte before the tribunal. The third respondent insurer filed a written statement, admitting the policy coverage for the offending vehicle, but disputing the liabil
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