KOLAVAN Vs. SALIM

JUDGEMENT

(1.) The appellants are the parents, wife and children of deceased Vasudevan who succumbed to the injuries sustained in a road traffic accident which occurred on 20-6-2006 at 4.45 p.m. The deceased was riding a motor cycle along the public road. At that time, a tempo traveller bearing Reg. No. KL-10/V6961 driven by the first respondent, in a rash and negligent manner, hit against the motor cycle ridden by the deceased and as a consequence, the deceased sustained fatal injuries and he succumbed to the injuries at or about the same time.

(2.) In connection with the death of deceased Vasudevan, the Tribunal assessed an amount of Rs. 6,04,000/- as compensation. However, the Tribunal awarded only 75% of the assessed amount as compensation holding that there was 25% negligence on the part of the deceased in causing the accident.

(3.) Heard the learned counsel for the appellants and the learned counsel for the 3rd respondent.