HARUN-UL-RASHID, C.N.RAMACHANDRAN NAIR
E. T. Rose Lynd – Appellant
Versus
Lekha Alias Lekha Krishnakumar – Respondent
Ramachandran Nair, J.
Since we propose to issue some general directions to the State, State of Kerala, represented by Chief Secretary to Government, Secretariat, Trivandrum is made additional respondent. Even though Government Pleader requested for time to get views of Government, we do not think opinion of Government is required in the matter, because the directions being issued by us are essentially to enforce Traffic Regulations to prevent road accidents. We therefore proceed to issue orders.
2. The appellants are registered owner and driver respectively of a motorcycle challenging the award passed by the MACT directing appellants to pay 75% of the compensation awarded for the death of the pillion rider of the bike in the accident based on the finding that driver of the motorcycle namely, the second appellant contributed more to the accident on account of his negligence. The accident occurred at 7.45 in the night on the National Highway (NH 47) at a place called Chellakkadu off Palakkad when the motorcycle driven by the second appellant hit behind a parked container lorry causing death of the pillion rider. While the case of the appellants is that accident was purely
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