JITHU N.S., S/O. SUKUMARAN, NEDUVELIL HOUSE, PAZHOOR P.O. PIRAVOM Vs. K.C. JOY, KAKKANATTIL HOUSE, KALAMBOOR P.O. PIRAVOM AND ORS.

JUDGEMENT

(1.) THESE appeals arise out of a road traffic accident occurred on 06/05/02. Three persons were travelling by a motorcycle bearing Registration No.KL7 -U -8229 along the Mulanthuruthy Piravom Public Road. Enroute it collided with a bus bearing Registration No. KL -5A -8275. In the accident the rider as well as one of the pillion riders met with their death. The other pillion rider was injured. Separate claim petitions were filed by the injured as well as the legal heirs of the deceased. The legal heirs of the rider by name Shaji filed OP(MV) No. 1428/02 before the Motor Accidents Claims Tribunal, Muvattupuzha. The legal heirs of the pillion rider by name Sibi filed OP(MV) No.2170/02 before the Motor Accidents Claims Tribunal, Ernakulam. The injured pillion rider by name Jithu filed OP(MV) No.1419/02 before the Motor Accidents Claims Tribunal, Muvattupuzha. The claim petitions filed before the Motor Accidents claims Tribunal Muvattupuzha ended in a dismissal finding hat the accident occurred due to the negligence of the rider of the motorcycle involved in the accident. The claim petition filed before the Motor Accidents Claims Tribunal, Ernakulam culminated in an award. But it was found that there was negligence on the part of the rider of the motorcycle and the driver of the bus and apportioned the same in the ratio of 1:1 between them.

(2.) M .A.C.A. No. 2244/07 is filed by the legal heirs of the rider and M.A.C.A. No. 1356/09 is filed by the legal heirs of the deceased pillion rider. M.A.C.A No. 2229/07 is filed by the injured pillion rider. M.A.C.A No.2751/09 is filed by the insurer of the bus challenging the award passed by the Motor Accidents Claims Tribunal, Ernakulam in OP(MV) No. 2170/02.