MANUSHA SREEKUMAR Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal arises out of the judgment dtd. 23/7/2019 passed by the High Court of Kerala, in an appeal preferred by the Respondent (hereinafter, "Insurance Company") against the award dtd. 26/7/2018 of the Motor Vehicle Accidents Claims Tribunal, Pala (hereinafter, "Tribunal"). The High Court allowed the appeal and has reduced the compensation amount of Rs.32,39,000.00 granted to the Appellants by the Tribunal to Rs.19,70,000.00. The issue involved in the instant matter primarily relates to the determination of quantum of compensation awarded under various heads by the Tribunal and the High Court.

(3.) On 21/2/2015, the dreams and aspirations of the 32-year- old Deceased (Sreekumar) shattered when he met with a fatal accident that occurred while he was riding his motorcycle bearing Registration No. KL-36-C-9198 through Thalayolaparambu to Ernakulam Road, Kerala. At the time of the accident, the offending car bearing Registration No. KL-07-BB-5053 was insured by the Respondent Insurance Company and was allegedly driven in a rash and negligent manner. The car came from the opposite direction and dashed into the motorcycle driven by the Deceased. As a result of the impact, Sreekumar fell and sustained serious injuries. Though concerted efforts were made to save the Deceaseds life, unfortunately, he succumbed to his injuries on the way to the hospital.