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2014 Supreme(Ker) 765

THOTTATHIL B.RADHAKRISHNAN, BABU MATHEW P.JOSEPH
M. T. FAZAL MAHMOOD – Appellant
Versus
RASHEED C. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI.K.M.FIROZ, SMT.M.SHAJNA
For the Respondent: SRI.P. SANKARANKUTTY NAIR, SRI.JACOB ABRAHAM,. SRI.C.V. MANUVILSAN

JUDGMENT

Thottathil B. Radhakrishnan, J.

This appeal is against an award passed by a Motor Accidents Claims Tribunal. Claim petition was dismissed. Heard the learned counsel for the appellants, the learned counsel for the owner of the vehicle against which the claim is raised, and the learned counsel for the insurer of that vehicle.

2. The appellants are the children of Inbichayishabi, who at the age of 65 years, died as a result of the road traffic accident. Their eligibility to claim compensation on such status is not in dispute.

3. The accident was on 17/03/2009 and victim died on 19/03/2009. She was pillion riding on a motorcycle which one of her sons was riding. The offending vehicle belonging to the second respondent was also a motorcycle driven by the first respondent. The Tribunal determined the compensation, but dismissed the application on the ground that the scene mahazar prepared by the police, on appreciation by the Tribunal, tends to show that the accident occurred as a result of the negligence of the rider of the motorcycle on which the deceased was pillion riding. The Tribunal found that a total amount of Rs.1,64,400/- was due as compensation.

4. This appeal stands wit






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