RATNAMMA, W/O. LATE VELAYUDHAN AND OTHERS Vs. BALAKRISHNAN, S/O. KELU NAMBIAR, ANJUKUNNU P.O,CHERUKATTOOR,MANANTHAWADY AND OTHERS

JUDGEMENT

(1.) The appellants are the supplemental petitioner Nos. 2 to 5 in O.P.(M.V.) No. 208 of 2004 of the Motor Accident Claims Tribunal, Kalppetta. They are the legal representatives of the deceased original petitioner who died during the pendency of the original petition. The original petitioner filed the aforesaid O.P.(M.V.) under Section 166 of the Motor Vehicles Act, claiming compensation for the injuries suffered by him in a road traffic accident. According to him, on 11.12.2003, when he was riding his motor cycle, the offending jeep driven by the first respondent came in a rash and negligent manner and hit the motor cycle, resulting grievous injuries to him. According to the original petitioner, the accident was caused by the rash and negligent driving of the offending jeep by the first respondent and respondent Nos. 1 and 2 are liable to pay compensation to him and the third respondent Insurance Company is liable to indemnify respondent Nos. 1 and 2 by paying compensation to him.

(2.) The respondents opposed the said application disputing the cause of accident and the quantum of compensation claimed under various heads of claim. According to them, the accident was caused by the rash and negligent riding of the motorcycle by the deceased original petitioner. So, they are not liable to pay compensation to the original petitioner.

(3.) On the aforesaid rival pleas, both parties adduced evidence, which consist of the oral testimony of PW1 and documentary evidence Exts.A1 to A12 from the part of the original petitioner, the oral testimony of RW1 and RW2 and documentary evidence Exts.B1 to B4 from the part of the respondents, CW1 and CW2 were also examined as court witnesses and Ext.X1 was marked as the third party's Exhibit.