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2019 Supreme(Online)(KER) 4508

THE NEW INDIA ASSURANCE CO. LTD – Appellant
Versus
NARAYANAN PUTHIYA VEETIL – Respondent


Advocates:
['SRI M JACOB MURICKAN', 'SRI M SASINDRAN', '', 'E M JOSEHP']

[ MACA 1836/2011, MACA.987/2011, MACA.2044/2011 ]

These appeals arise from a common award passed by

the Tribunal in two claim petitions. The present appeals

are from O.P.(MV) No.223 of 2004.

2. The claimant, appellant in M.A.C.A.No.1836 of

2011, was travelling in a bus bearing registration

No.KL-13/A 7495 when it collided with another bus and the

appellant suffered serious injuries. The accident occurred

on 25.09.2003. The appellant had to amputate his right hand

from above elbow. The appellant claimed a compensation for

the injuries suffered as also the disability occasioned.

The Tribunal found both the bus drivers to be negligent and

mulcted liability at 50% on each of them. Though the

Insurance Companies have also approached this Court

[M.A.C.A.Nos.987 and 2044 of 2011], there is no challenge

to the negligence so found by the Tribunal. The appeal of

the assessee is confined to the enhancement claimed and

those of the insurers assail the quantum granted by the

Tribunal.

3. The appellant-claimant was admitted to Unity

Health Complex, Mangalore, where amputation of right

- 7 -

forearm above elbow was conducted. The appellant had also

suffered som

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