MACA No. 444 of 2010 · Kerala High Court
Case at a glance
- Decided
- 29 Jun 2010
- Bench
- P Q BARKATH ALI
Outcome
Allowed
The appeal is allowed to the above extent
Provisions considered
- Indian Penal Code, 1860 ss. 279, 304(A)
Key paragraphs
- Para 22. The Tribunal, after considering the oral and documentary evidence available on record, quantified the compensation at Rs.1,82,000/-; but held that appellants will be entitled to get only half of the said amount for the reason that the father of the victim was also equally…
- Para 33. It may at once be noticed that the driver of the offending vehicle/respondentNo.1 herein, was charge sheeted by the police for the offence punishable under Sections 279 and 304(A) IPC. In other words, appellant No.1, the father of the young victim, was not found…
Judgment
A.K.BASHEER & P.Q.BARKATH ALI, JJ.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -M.A.C.A.No.444 OF 2010- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Dated this the 29th day of June 2010JUDGMENTBasheer, J.A 3½ year old child lost his life when he was knocked down from the two wheeler on which he was riding along with his father. The parents and the 5 year old elder sister of the deceased, claimed compensation from the respondents herein who were respectively the driver, owner and insurer of the offending vehicle.
The Tribunal, after considering the oral and documentary evidence available on record, quantified the compensation at Rs.1,82,000/-; but held that appellants will be entitled to get only half of the said amount for the reason that the father of the victim was also equally responsible for the accident. The said award is under challenge in this appeal.
Operative part
It may at once be noticed that the driver of the offending vehicle/respondentNo.1 herein, was charge sheeted by the police for the offence punishable under Sections 279 and 304(A) IPC. In other words, appellant No.1, the father of the young victim, was not found to have contributed to the accident as has been now held by the Tribunal. More importantly, the driver of the offending vehicle never bothered to adduce any evidence to substantiate the contention of the insurance company that the rider of the two wheeler was also equally responsible for the accident. In our view, on that short ground the finding of the Tribunal is liable to be set aside. We do so. It is held that the appellants are entitled to get the entire compensation as quantified by the Tribunal. The appeal is allowed to the above extent.A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGEjes
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The appeal is allowed to the above extent
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 279, 304(A).
Which court decided this case, and when?
Kerala High Court, on 29 Jun 2010. The bench was P Q BARKATH ALI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.