KAMALAKSHY @ KAMALAM Vs. T.P. AYISHA
LAWS(KER)-2017-6-125
HIGH COURT OF KERALA
Decided on June 20,2017

Kamalakshy @ Kamalam Appellant
VERSUS
T.P. Ayisha Respondents

JUDGEMENT

RAVI KUMAR, J. - (1.) This appeal is directed against the judgment and award dated 31.7.2013 in O.P.(M.V)No.160 of 2010 passed by the Motor Accidents Claims Tribunal, Palakkad. The injured is the appellant. The said claim petition was filed under Section 166 of the Motor Vehicles Act seeking a total compensation of Rs. 1,70,000/- and as per the impugned award the Tribunal granted a compensation of Rs. 51,368/- with interest at the rate of 9% per annum from the date of petition till realisation. The appellant seeks for enhancement of quantum of compensation.
(2.) We have heard the learned counsel for the appellant and also the learned counsel appearing for the third respondent.
(3.) From the rival submissions made before us it is evident that the sole question to be considered in this appeal is regarding the entitlement or otherwise of the appellant for enhanced compensation, owing to the absence of any other dispute. In other words, there is no dispute regarding the accident, cause of the accident as also the liability of the third respondent to indemnify the insured owner of the offending vehicle. In such circumstances, we do not think it necessary to discuss the factual aspects or rival contentions in detail.;


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