JUSTIN GEORGE Vs. SANIYA DERRY

JUDGEMENT

(1.) ADMIT .

(2.) NOTICE to the second respondent in M.A.C.A.No.1008 of 2012 and the 5th respondent in M.A.C.A.No.2257 of 2012 is dispensed with since the former remained absent in the Tribunal, no liability is fastened by the Tribunal on the latter and in view of the decision I propose to take in these appeals.

(3.) THE first respondent in these appeals, minors represented by their mother filed O.P(M.V).Nos.92 and 93 of 2009 claiming compensation for the injuries they suffered in an accident involving, according to them, motor cycles bearing Nos.KL-7/AX 9674 and KL-7/AL 6471 on 01.12.2007. It is the version of the first respondent that they were riding on the pillion of motor cycle No. KL-7/AX 9674 which their father, the 4th respondent was riding, which belonged to the 5th respondent and which was insured with the 6th respondent. At the place of the accident, motor cycle No.KL-7/AL 6471 which the appellant in these appeals (allegedly) riding came from behind and hit motor cycle No.KL-7/AX 9674. The first respondent alleged that the accident occurred due to the negligence of the appellant.