LAWS(KER)-2018-3-90

AMBIKA W/O CHANDRAN Vs. JIJU LOUIS

Decided On March 14, 2018
Ambika W/O Chandran Appellant
V/S
Jiju Louis Respondents

JUDGEMENT

(1.) It was on 3.10.2010 the accident. It was a collision between a motorbike and an autorikshaw. The passengers on the motorbike claimed compensation. They are the father, mother and son. The autorikshaw was insured with the 2nd respondent. The tribunal awarded compensation to each claimant. They are not satisfied with the quantum. Hence are they in appeal.

(2.) Heard Sri.T.K.Koshy and Smt.P.K.Santhamma, the learned counsel for the appellants and the 2nd respondent respectively.

(3.) The tribunal found the driver of the autorikshaw rash and negligent. It was also found that the rider of the motor cycle contributed to the accident. Therefore in all the cases the respective claimants were denied 25% of the total compensation fixed. In the case of the biker there was a further deduction of 7.5% for having violated a statutory provision. The learned counsel for the appellants assailed those findings of the tribunal. The learned counsel for the 2nd respondent supported those findings.