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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MRS. SHOBA ANNAMMA EAPEN, J
N.D. DISHA – Appellant
Versus
PRAJOON – Respondent
| Table of Content |
|---|
| 1. tribunal's finding of contributory negligence. (Para 1 , 2 , 3) |
| 2. court's observations on negligence findings. (Para 4 , 7) |
| 3. challenge against contributory negligence's justification. (Para 5 , 6) |
JUDGMENT
This appeal is filed by the claimants in O.P(MV) No.299 of
2013 on the file of the Motor Accidents Claims Tribunal, Wayanad, Kalpetta challenging the finding of contributory negligence of 50% by the tribunal. The respondents herein are the respondents before the tribunal.
2. According to the claimant, on 07.06.2013 at about 10.15 am, while the deceased was riding his motorcycle bearing reg. No. KL12G/1885, an autorickshaw bearing registration No.KL-12G- 2080 hit on the motorcycle. Because of the impact of the hit, the deceased fell down on the road and in the meanwhile the tipper lorry bearing registration No.KL-12-G-1973 driven by the 1st respondent in a rash and negligent manner ran over the deceased and he sustained severe injuries and later succumbed to the injuries. The legal heirs of the deceased approached the tribunal claiming a total compensation of ₹20,00,000/-.
3. The first respondent/driver and 2nd respondent/owner of the offending tipper lorry filed a
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