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2018 Supreme(Online)(KER) 36364

HIGH COURT OF KERALA
P.D.RAJAN, J
SHRIRAM GENERAL INSURANCE COMPANY LTD – Appellant
Versus
N.DHARMAMBAL – Respondent


JUDGMENT

These appeals are preferred against the award in O.P.

(M.V.) No.445 of 2012 of the Motor Accidents Claims Tribunal, Ernakulam. The deceased Prasad Krishnamurthi sustained injuries in a motor accident while riding a motorcycle through Padivattom-Kakkanad road and he died at hospital. The Motor Accidents Claims Tribunal awarded compensation of Rs.33,38,152/- (Rupees Thirty Three Lakh Thirty Eight Thousand One Hundred and Fifty Two only) with 9% interest and proportionate cost. Being dissatisfied with the award amount, the legal representatives of the deceased preferred M.A.C.A. No.1194 of 2014 and the insurer of the lorry preferred M.A.C.A. No.829 of 2016 before this Court.

2. It would be relevant and useful to mention the facts leading to the accident. Claimants case in the lower court was that on 14.02.2011 at 8.30 a.m., the deceased was riding his motor cycle KL-7/AD-6782 through Padivattom- Kakkanad public road and when he reached at Vazhakala, a car KL-7/BM-7675 proceeding in front of the motorcycle in a rash and negligent manner suddenly stopped on the public road thereafter, the driver opened the right front door without any signal, which hit on the rider of the motorc

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