AJITHA Vs. MOHAMMED BASHA

JUDGEMENT

(1.) This is an appeal filed by the petitioners in OP(MV).1162/2011 on the file of the Motor Accident Claims Tribunal, Attingal, against the award dtd. 28/5/2016 and claiming enhanced compensation.

(2.) The appellants are the legal heirs and dependents of late Mohandas, who died in a motor vehicle accident that occurred on 24/8/2011. According to the appellants, on 24/8/2011 while the deceased was driving an autorikshaw bearing registration No.KL-16/D-5431 from Alamcode to Vanchiyoor and when he reached near Pallimukku, a private bus bearing registration No.KL-16/B-909 which came from behind, hit on the back side of the autorikshaw and as a result of which he sustained fatal injuries and he succumbed to the injuries at the Medical College, Thiruvananthapuram, while under treatment. The 1st respondent was the owner, 2nd respondent was the driver and 3rd respondent was the insurer of the said bus. According to them, the accident occurred solely due to the negligence of the 2nd respondent. The appellants claimed a compensation of Rs.14,34,000.00.

(3.) The respondents 1 and 2 remained ex parte. The 3rd respondent filed written statement contending that the accident occurred due to the negligence of the deceased. The respondent produced Exts. A1 to A8 documents. The Tribunal, after finding that the compensation due to the appellants is Rs.11,53,600.00 held that, there was contributory negligence on the part of the deceased. Therefore, the Tribunal awarded only 50% of the amount of compensation, namely Rs.5,76,800.00 to the petitioners. Aggrieved by the above award, they preferred this appeal, raising various grounds. During the pendency of the appeal, appellants 1 and 4 died and appellants 2 and 3 were recorded as their legal representatives.