JUDGMENT :

When a pillion rider of a motorcycle, who was not wearing a helmet, died in an accident is entitled to full compensation in a claim petition filed before a claims tribunal and whether the Tribunal can attribute contributory negligence on the part of the deceased in such cases is the short point to be decided in these appeals.

2. These appeals are filed by the third respondent and the petitioners in O.P.(MV) No. 28/2008 on the file of Motor Accident Claims Tribunal, Tirur. The above claim petition was disposed of by the Tribunal along with O.P. (MV) No.29/2008. (Hereinafter, the parties are referred as per their rank before the Tribunal).

3. The petitioners are the legal heirs of the deceased Mohammedkutty Vaidyakkaran. Their case, in brief, is like this:-

On 08.08.2007 at about 10.30 a.m. while the petitioner in O.P.(MV) No. 29/2008 was riding his Motor Cycle bearing Registration No. KL-10-S-6298 from Mattathur towards Tirurangadi carrying his father Mohammedkutty Vaidyakkaran in a moderate speed with due care and caution reached Kunnath in Oorakam and then a Tata sumo