MOHAMMED @ MOHAMMEDKUTTY AND OTHERS Vs. MANOJ AND OTHERS

JUDGEMENT

(1.) A person by name Muhammed Salim died in a road accident. He was a bachelor. His parents and siblings moved the motor accidents claims tribunal for compensation. The claim was Rs. 8,16,000/-. The claim was allowed to the extent of Rs. 4,12,000/-. The claimants are in appeal dissatisfied with the quantum of compensation.

(2.) The case of the appellants may be briefly stated as follows : It was at 11.15 am on 6.3.2009 the accident. Muhammed Salim who was riding a motor cycle was knocked down by a mini lorry bearing registration no.KL 4 S 8656. It came from the opposite direction. The lorry was driven by the 1st respondent. Its owner was the 2nd respondent. The 3rd respondent was the insurer. The victim was seriously injured. He breathed his last on the way to the hospital. The rash and negligent driving of the lorry by the 1st respondent was the cause of the accident.

(3.) Respondents 1 and 2 in their joint written statement denied the allegation that the former was rash and negligent in driving the lorry. According to them, the victim who rode the motor cycle in a rash and negligent manner was solely responsible for the accident. Respondents 1 and 2 disputed the age, income and occupation of the victim.