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2024 Supreme(Online)(KER) 35427

HIGH COURT OF KERALA
JOHNSON JOHN, J
RAVEENDRAN – Appellant
Versus
ABU.K. – Respondent


Advocates:
SRI.AVM.SALAHUDIN, SRI.E.NARAYANAN, SMT. R. REMA, SRI.A.V.M.SALAHUDEEN, SMT. P.K.SANTHAMMA

JUDGMENT

The appellants are the petitioners in O.P.(MV) Nos. 1887 and 1875 of 2015 on the file of the Motor Accident Claims Tribunal, Kozhikode.

2. According to the appellants, on 21.08.2015, at about 12 noon, while the deceased Vaisakh was riding a motorcycle along with the deceased Abinand as pillion rider, a bus driven by the 2nd respondent in a rash and negligent manner caused to hit the motorcycle and thereby, the rider and the pillion rider fell down and sustained serious injuries and subsequently, succumbed to their injuries while undergoing treatment at Medical College Hospital, Kozhikode. The legal heirs of the deceased Abinand are the petitioners in O.P.(MV) No. 1875 of 2015 and the legal heirs of the deceased Vaisakh are the petitioners in O.P.(MV) No. 1887 of 2015. Respondents 1 and 3 are the owner and insurer of the offending vehicle.

3. The Tribunal conducted joint trial and from the side of the petitioners, Exhibits A1 to A7 were marked and from the side of the respondents, Exhibit B1 marked. After considering the evidence on record and hearing both sides the Tribunal found 50% contributory negligence on the part of the deceased Vaisakh on the ground that he was not hav

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