VIJYAMMA AND ORS. Vs. DINESAN AND ORS.

JUDGEMENT

(1.) This appeal is filed by the widow and children of deceased, Gopalakrishnan, who died in a road accident occurred on 4-4-2004. It is a case where the Tribunal dismissed the claim petition on the ground that the claimants ought to have adduced further evidence to prove the negligence from the part of the driver of the offending vehicle. The Tribunal ignored the police charge and found that the appellants have not examined the witnesses cited in the police charge.

(2.) The learned Counsel for the appellants submitted that the police charge proves the prima facie negligence, going by the dictum laid down by the judgment of this Court in New India Assurance Co. Ltd. vs. Pazhaniammal, 2011 3 KerLT 648, in which it is held that "if any one of the parties do not accept such charge sheet, the burden must be on such party to adduce oral evidence."

(3.) The Tribunal failed to fix the quantum of compensation also. The appellants have claimed an amount of Rs. 7,00,000/- as compensation in total. It was claimed that the deceased was a decoration worker, aged 52 years at the time of the accident.