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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Shoba Annamma Eapen, J
Sreejith S – Appellant
Versus
M.Ramasamy Gounder – Respondent
| Table of Content |
|---|
| 1. procedural history and factual summary of the claim. (Para 1 , 2 , 3) |
| 2. parties' contentions regarding improper compensation calculation. (Para 4 , 5) |
| 3. court's re-assessment of compensation based on precedent. (Para 6 , 7 , 8) |
JUDGMENT
This appeal is filed by the minor claimant/injured in OP(MV) No.604 of 2013 on the file of the Motor Accidents Claims Tribunal, Palakkad, seeking enhancement of compensation. The respondents herein were the respondents before the tribunal.
2. According to the claimant, on 28.10.2012, while the minor claimant was moving through the Muthalamada- Nanniyode public road, a car bearing registration No.TME-1171 driven by the second respondent in a rash and negligent manner hit the minor claimant and as a result, he fell down and sustained serious injuries. The claimant, represented by his mother, approached the tribunal claiming a total compensation of ₹4,27,000/- which is limited to ₹4,00,000/-.
3. The first, second and third respondents were the owner, driver and the insurer of the offending vehicle respectively. The claim against the first respondent was dismissed as per order dated 31.07.2015. The second respondent filed a written stat
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