C.N.RAMACHANDRAN NAIR, HARUN-UL-RASHID
Pournami – Appellant
Versus
Sandhya Sudheer – Respondent
Ramachandran Nair, J.
The Director General of Police, Thiruvananthapuram and the Transport Commissioner, Thiruvananthapuram are impleaded as additional respondents in these appeals. Government Pleader takes notice for additional respondents.
2. The appellants are husband and wife who while travelling along with their two children aged 4 years and 2 years in a motor bike met with an accident on 14.2002 causing injury to three of them. The bike in which the appellants were travelling from Perumbavoor towards east in the Munnar road was knocked down by a car. While both the appellants and one child sustained injuries, the other child escaped unhurt. Since the injury to the child was minor in nature, the Insurance Company offered compensation and settled the liability. However, when the appellants filed separate claim petitions, the same was resisted by the Insurance Company of the offending vehicle, among other things, on the ground that the accident is on account of contributory negligence of the rider of the bike by taking more than one pillion rider in the bike. The Motor Accidents Claims Tribunal though determined compensation of Rs.2.06,500/- to the appellant in M.A.C.
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