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K.S.SUNEETHI RAMACHANDRAN versus PRASAD

High Court of Kerala

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K.S.SUNEETHI RAMACHANDRAN v. PRASAD - MFA No. 1404 of 1996 [2007] RD-KL 16521 (24 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 1404 of 1996()

1. K.S.SUNEETHI RAMACHANDRAN
... Petitioner

Vs

1. PRASAD
... Respondent

For Petitioner :SRI.T.M.CHANDRAN

For Respondent :SRI.K.R.RADHAKRISHNAN NAIR

The Hon'ble MR. Justice J.B.KOSHY The Hon'ble MR. Justice V.GIRI

Dated :24/08/2007

O R D E R

J.B.KOSHY & V.GIRI, JJ.

M.F.A.No.1404 OF 1996 Dated 24th August, 2007

JUDGMENT

Koshy,J.

Son of the appellants, at the age of 24, died in a motor accident while he was travelling as a pillion rider. Father was aged 43 and mother was also above 40 years. According to the claimants, the deceased was employed as a sales representative in Eureka Forbes Ltd. The accident occurred in 1991. Tribunal has assessed a compensation of Rs.1,20,000/-. It was also found that the rider of the motor cycle was negligent by 30% and 70% by the autorickshaw driver and directed the 6th respondent insurance company to pay 30% of the compensation and since the autorickshaw has no valid insurance directed the first and second respondents, owner and driver of the autorickshaw, to pay 70% of the compensation. Tribunal has also granted 12% interest on the amount of compensation from the date of application till realisation. Considering the amount of compensation granted, age of the claimants, interest awarded and totality of circumstances, we see no ground to interfere with the award. The appeal is dismissed. J.B.KOSHY

JUDGE

V.GIRI

JUDGE

tks


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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