SAJEENA IKHBAL Vs. MINI BABU GEORGE

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and order dtd. 23/7/2019 passed by the High Court of Kerala in MACA No. 3331 of 2016 dismissing the appellants' appeal while affirming the Award passed by the Motor Accident Claims Tribunal('MACT') by which the appellants' claim was dismissed. The parties are referred to in this judgment as they appear in the claim petition.

(2.) The widow, minor child and parents of the deceased Ikhbal are the appellants in the present proceedings. Ikhbal died in an accident on 10/6/2013 being knocked down by a car as he was proceeding in his motorcycle from Thodupuzha to Muttom. He died of the injuries sustained in the said accident which allegedly occurred on account of the negligence of the driver of the car. Respondent nos. 1 to 3 are the owner, driver and insurer of the car respectively. Respondent nos. 2 and 3 contested the claim petition while respondent no. 1 remained ex-parte.

(3.) According to the appellants, while the deceased was travelling on a motorcycle and reached near 'Mrala' junction, a K.S.R.T.C. bus, which was going in front, stopped at the bus stop. The deceased attempted to overtake the bus and at that time the subject car driven by respondent no. 2 came from the opposite direction and hit at the motorcycle of the deceased on which he fell down and sustained fatal injuries. He was taken to the hospital, but he succumbed to the injuries. The deceased was an employee as U.D. Clerk in Registration Department and had monthly income of Rs.21,456.00.