MOHAMMED IQBAL Vs. G. MURUKESHAN

JUDGEMENT

(1.) This appeal has been filed against the award passed in OP(MV).128/2006 on the file of Motor Accidents Claims Tribunal, Tirur. The claim petition has been filed under Sec. 166 of the Motor Vehicles Act, 1988 out of the death of the son of the appellants in a motor accident occurred on 16/5/2005 near Sarada Mandiram in Trissur - Calicut public road. It is alleged that when the jeep, in which the deceased along with the appellants and others were travelling, reached at the place of occurrence a lorry bearing registration No. TN 575-7097 came from the opposite direction and dashed against the jeep bearing registration No. KERLT 10 N-8898 resulting in fatal injuries to the deceased, the son of the appellants as well as injuries to the appellants/claimants. It is alleged that the accident happened solely due to the rash and negligent driving of the 1st respondent, driver of the offending lorry. Hence appellants claimed a total compensation of Rs.2,00,000.00.

(2.) Before the Tribunal all the respondents remained ex parte. Exts.A1 to A12 were marked from the side of the appellants/claimants. Tribunal, on evaluating the pleadings as well as the documents, found contributory negligence on the part of the driver of the jeep at 50% and arrived at a total compensation of Rs.88,630.00. After deducting 50% towards contributory negligence on the part of the driver of the jeep who has not been made a party to the proceedings, balance amount of Rs.44,315.00 was awarded which was allowed to realize with interest at the rate of 7.5% from the date of petition along with the cost of Rs.5000.00.

(3.) Dissatisfied with the award passed by the Tribunal, the appellants came up in appeal for various grounds stated in the memorandum of appeal with C.M.A.1/2011 to condone the delay of 340 days in filing the appeal. This court as per the order dtd. 22/10/2021, allowed the petition to condone the delay with a condition that if ultimately the appeal is allowed and compensation is enhanced, the appellants will not be entitled for interest for the said period of 340 days. Since liability has been fixed on the 3rd respondent, as per order dtd. 12/7/2011, it is ordered that notice need not be issued to respondents 1 and 2.