APPUKUTTAN Vs. K VISWAMBHARAN

JUDGEMENT

(1.) The appellants are the parents of deceased Biju who died in a motor vehicle accident, which took place on 13.12.03. The application for compensation, though filed under Section 163A of the Motor Vehicles Act, was not allowed by the Tribunal and hence the appeal.

(2.) At the time of the accident the deceased was riding a motorcycle bearing Registration No. KL-01-Z-8636.

(3.) The learned counsel for the appellants submitted that the Tribunal went wrong in finding that the deceased had contributed to the cause of the accident. It is submitted that even though the 4th respondent, who is the insurer of the vehicle driven by the deceased, was impleaded, as far as the finding that the said respondent is not liable for compensation is concerned, the appellants are not challenging. But as far as the finding by the Tribunal that the 3rd respondent has also to be absolved from liability for payment of compensation on the ground that the deceased had caused the accident is concerned, the learned counsel submitted that the same cannot be supported in the light of the decision of this Court in Oriental Insurance Co. Ltd. v. Joseph, 2012 2 KerLT 132, that of a Division Bench of this Court in United India Insurance Co. Ltd. v. Vijayarajan,2009 3 KHC 158, and that of the Apex Court in Pepsu RTC v. National Insurance Co, 2013 10 SCC 217 as well as another Division Bench decision of this Court in Oriental Insurance Co. Ltd. v. Nirarudeen, 2008 2 KerLT 291.