STATE OF KERALA Vs. E T ROSE LYND

JUDGEMENT

(1.) Leave granted.

(2.) The State of Kerala through its Chief Secretary is in appeal, by special leave, aggrieved by certain directions given by the High Court of Kerala in its order dated September 17, 2008.

(3.) A certain P.C. Krishnakumar was travelling on the pillion of a motorcycle bearing registration No. KRH- 7599 which was ridden by Thomas John (respondent No. 2 herein) along Koimbatore-Palakkadu National Highway (East to West). On reaching Puthusserichellakkadu, the motorcycle dashed against the rear side of a stationary lorry which was parked at the national highway. The parking lights of the stationary lorry were not switched on and as a result of the impact Krishnakumar sustained serious injuries and he succumbed to those injuries on way to Palakkadu District Hospital. Legal heirs of the deceased Krishnakumar, who are respondent Nos. 3 to 5 herein, filed a claim petition before the Motor Accidents Claims Tribunal, Attingal (for short, 'the Tribunal') seeking compensation for the accidental death of Krishnakumar. In the claim petition, they alleged that the accident occurred due to the composite negligence of the owner, driver and insurer (respondents Nos. 8, 9 and 10 herein) of the truck as well as the respondent No. 2 who was riding the motorcycle.