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1989 Supreme(Ker) 404

BALAKRISHNA MENON, JAGANNADHA RAJU
Ali – Appellant
Versus
Madhavan – Respondent


Judgment :-

Jagannadha Raju, J.

1. This is an appeal by the claimants who are the parents of the deceased Dr. K.P. Mohammed Ashraf, who died in an accident which took place at 1.30 P.M. on 1-1-1979 in front of the Karuna Hospital, Cheruvannur. The appellants filed M.A.C. No.940 of 1980 which was originally numbered as O.P.No.183 of 1979 on the file of the District Court, Kozhikode. In the O.P. the claimants claimed a compensation of Rs.3,00,000/- for the death of their son. The Motor Accidents Claims Tribunal, Kozhikode, by its judgment dated 28-6-1984 dismissed the O.P. on the ground that the accident took place as a result of rash and negligent driving of the motor-cycle by the deceased and that it was a clear case of motor-cycle coming and dashing against the bus, which was on its right side of the road. The Tribunal held that the petitioners failed to prove negligence on the part of the bus driver, the second respondent. Aggrieved by the dismissal of O.P. the present appeal is filed.

2. In this appeal Shri. T. H. Abdul Aziz, counsel appearing for the claimants - appellants, contends that the judgment of the Tribunal is wholly unjustified. The accident took place in the middle of























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