LAWS(KER)-2021-3-237

NATIONAL INSURANCE Vs. KADEEJA MUSLIYAR

Decided On March 16, 2021
NATIONAL INSURANCE Appellant
V/S
Kadeeja Musliyar Respondents

JUDGEMENT

(1.) When a pillion rider of a motorcycle, who was not wearing a helmet, died in an accident is entitled to full compensation in a claim petition filed before a claims tribunal and whether the Tribunal can attribute contributory negligence on the part of the deceased in such cases is the short point to be decided in these appeals.

(2.) These appeals are filed by the third respondent and the petitioners in O.P.(MV) No. 28/2008 on the file of Motor Accident Claims Tribunal, Tirur. The above claim petition was disposed of by the Tribunal along with O.P. (MV) No.29/2008. (Hereinafter, the parties are referred as per their rank before the Tribunal).

(3.) The petitioners are the legal heirs of the deceased Mohammedkutty Vaidyakkaran. Their case, in brief, is like this:- On 08.08.2007 at about 10.30 a.m. while the petitioner in O.P.(MV) No. 29/2008 was riding his Motor Cycle bearing Registration No. KL-10-S-6298 from Mattathur towards Tirurangadi carrying his father Mohammedkutty Vaidyakkaran in a moderate speed with due care and caution reached Kunnath in Oorakam and then a Tata sumo bearing Registration No. KL-14-E-1401 driven by the 1st respondent came in a rash and negligent manner with uncontrollable speed from the opposite direction through the wrong side and dashed against the Motor Cycle. Due to the heavy impact of hitting, Mohammedkutty Vaidyakkaran was thrown out from the Motor Cycle. Both the rider and the pillion rider sustained very serious injuries. The pillion rider, who is Mohammedkutty Vaidyakkaran succumbed to his injuries. Hence two claim petitions were filed for compensation before the Tribunal by the legal heirs of Mohammedkutty Vaidyakkaran and also the injured rider of the Motorcycle.