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2019 Supreme(Online)(KER) 34708

HIGH COURT OF KERALA
ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED – Appellant
Versus
MOLLY @ MOLLYKUTTY – Respondent


Advocates:
['SRI MATHEWS JACOB SR', '', 'SRI P JACOB MATHEW', 'SRI ABE RAJAN', '', 'SRI T K KOSHY']

The insurer in a proceedings for compensation before

the Motor Accidents Claims Tribunal has come up in this appeal

challenging the quantum of compensation fixed by the Tribunal to

the claimants in the proceedings. The cross objection is by the

claimants challenging the inadequacy of the quantum of

compensation fixed for them by the Tribunal.

2.

One Sebastian, aged 59 years died in a motor

accident took place on 04.02.2013. His wife and two children

aged 27 and 24 respectively were the claimants in the

proceedings. A sum of Rs.15,00,000/- was the claim made in the

proceedings. As against the said claim, the Tribunal has granted

to the claimants a sum of Rs.14,93,000/- by way of compensation.

As noted, both the insurer as also the claimants are aggrieved by

the quantum of compensation fixed by the Tribunal. Hence this

appeal and cross objection.

Cross Objection No.20 of 2016 4

3.

Heard the learned Senior Counsel for the

appellant as also the learned counsel for the claimants.

4.

It has come out that the deceased was a

pensioner working as the agent of M/s.SBI Life insurance. He was

earning a sum of Rs.15,350/- by way of monthly pension. In

addition, he wa

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