IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 MACA.No. 444 of 2010 ----------------------------------- OPMV.539/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KALPETTA , WAYANAD .................... APPELLANTS / PETITIONERS ---------------------------------------------- 1. K.J.BABU, S/O.K.C.JOHN, KUNHANAYIL HOUSE,VAZHAVATTA, VYTHIRI TALUK, WAYANAD DISTRICT. 2. ELSY BABU, W/O.K.J.BABU,-DO- 3. ATHULYA BABU,D/O.K.J.BABU, AGED 10 YEARS, (MINOR), REP.BY FATHER K.J.BABU 1ST APPELLANT. BY ADV. SMT.CELINE JOSEPH RESPONDENT / RESPONDENT NO.3 ---------------------------------------------------------- THE UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICE, KALPETTA,P.O., WAYANAD DISTRICT. ADV. SRI.P.V.JYOTHI PRASAD FOR R THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.444 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of June 2010 JUDGMENT Basheer, 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. 2. 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. 3. It may at once be noticed that the driver of the offending vehicle/respondent No.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, JUDGE jes