RAFEEDA Vs. PRAKASH K

JUDGEMENT

(1.) THE claimants in O.P.No.02/2004 of the M.A.C.T, Kasaragod are the appellants.

(2.) THE petition is filed claiming an amount of Rs.10,00,000/- as compensation on account of death of Sri.Abdulla Bin Muhammed. Claimants are the legal heirs of the deceased. THE deceased while travelling in his car MYO-6052 on 29/06/2003 met with an accident involving a collision with bus bearing No.KL-14C 3294 driven by the 1st respondent and owned by the 2nd respondent. It is alleged that the accident occurred due to the rash and negligent act of the 1st respondent in driving the bus. THE deceased got injured in the accident and succumbed to the injuries before reaching the hospital.

(3.) THE father of the deceased was examined as PW1 and they relied upon Exts.A1 to A6. On the basis of the materials produced namely copy of F.I.R and copy of charge sheet, the Tribunal found that the 1st respondent was charge sheeted for offence under Sections 279, 304A, 308 of the Indian Penal Code. In the absence of any contra evidence, the Tribunal had come to a finding that the accident occurred due to the rash and negligent driving of the bus by the 1st respondent.