RAJAN Vs. SOLY SEBASTIAN

JUDGEMENT

(1.) Delay condoned. Leave granted.

(2.) This appeal is filed by the appellant being aggrieved by the impugned judgment and award dated 4.3.2013 passed by the High Court of Kerala at Ernakulam in Motor Accident Claims Appeal No. 1716 of 2008, whereby the High Court, while disposing of the appeal of the appellant, declined to increase the compensation under any other heads, holding that the appellant is entitled to an additional compensation of Rs.2,03,200/ - over and above the compensation awarded by the Motor Accident Claim Tribunal (for short "the Tribunal") with 9% interest per annum from the date of the claim petition till date of payment with direction to Insurance Company to deposit the amount within two months.

(3.) Originally, there were three respondents, respondent No.1 is the owner of the offending vehicle, respondent No.2 is the driver and respondent No.3 is the Insurance Company, the insurer of the vehicle. Though, the name of respondent No.2 -the driver has been deleted from the array of the parties vide Court's order dated 29.4.2015, for the sake of brevity and convenience the parties are referred to as per the rank assigned to them in the original proceedings before the Tribunal.