VISHNUPRASAD Vs. T.J. JOSEPH

JUDGEMENT

(1.) THE claimant is in appeal. Allegedly, while the appellant was riding on the pillion of a motor bike, he was hit down by a bus, which was coming from the opposite direction. The second respondent was the driver of the bus. The bus was insured with the third respondent insurance company.

(2.) THE claim was for a sum of Rs. 2 lakhs. Though the Tribunal quantified the amount of compensation as Rs. 44,500/ - , 25% of the same was deducted, finding that there was negligence on the part of the rider of the bike by which the appellant was travelling. Thus, the compensation arrived at stood reduced to a sum of Rs. 33,375/ - , as the appellant had not impleaded the owner, driver and insurer of the bike by which he was travelling. The said finding as well as the adequacy of compensation are under challenge in this appeal.

(3.) THE accident occurred due to the collision between the motor bike, by which the appellant was travelling and the bus which was coming from the opposite direction. The appellant was riding on the pillion. Rider of the motor bike was one Shaji, who succumbed to the injuries sustained by him in the accident. His legal heirs also filed a claim petition. The learned Tribunal tried both these petitions jointly and passed a common award.