IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 MACA.No. 466 of 2006() ---------------------- OPMV.1108/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT/PETITIONER: ------------------------------------- P.V.SUMESH, S/O.VASAN, AGED 21 YRS, PURAKKERIYIL HOUSE, EDAYAZHAM KARA, VECHOOR VILLAGE, VAIKOM TALUK, NOW RESIDING AT PARAKUNNATHU HOUSE, KOLENCHERRY P.O., KOLENCHERRY. BY ADV. SRI.K.V.SABU RESPONDENTS: RESPONDENTS: ---------------------------------------------------- 1. K.M.THAJUDEEN, KOTHAKULATH HOUSE, POOPPANI, PERUMBAVOOR. 2. ABDUL ASSIZ, S/O.AIMUNNY, KEEPRATHU HOUSE, VENGOLA KARA, ECHARAN KAVALA BHAGOM, ARAKKAPPADY VILLAGE. 3. THE NEW INDIA ASSURANCE CO. LTD., MUVATTUPUZHA BRANCH. BY ADV. SRI.S.MAMMU - R.3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 466 OF 2006 = = = = = = = = = = = = = = = Dated this the 24th day of June, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV) 1108/02. The claimant, a cyclist, sustained injuries in a road accident on account of a collision between a cycle and an auto rickshaw. The Tribunal found that the cyclist alone was negligent and dismissed the claim. It is against that decision, the present appeal is preferred. 2. Heard the counsel for both sides. Learned counsel for the insurance company would contend before me that a perusal of the scene mahazar would show that the auto rickshaw was proceeding through the correct side, ie., from south to north through the western side and the accident had taken place 60 cms. east of the western tarred end. In a road of 4.50 mts. width indicating that the cyclist was travelling on the wrong side of the road and therefore the Tribunal was right in dismissing the application. M.A.C.A. 466 OF 2006 -:2:- 3. On the other hand, the learned counsel for the appellant would contend the tribunal has not appreciated the materials properly. The police after due investigation has filed a charge sheet and that is against the driver of the auto rickshaw. It has to be borne in mind that a scene mahazar may not always reflect the correct place of accident unless there are visible tyre marks. When an accident is about to take place both the riders will be attempting or trying their level best to swerve the vehicles to one side or the other so as to avert the accident. But one thing is clear that the cyclist had transgressed to the wrong side. The accident had taken place in the night. Being the driver of a little more heavier vehicle than a cycle there is always a responsibility on such a driver to bestow maximum care and attention. Ordinarily one must be conscious of the fact that during night there will be abrupt crossing of the road and people will be coming in cycle without even light. So these things have to be borne in mind when a vehicle is driven and therefore I feel this is a fit case where the Court can safely fix the negligence aspects on both equally, ie. 50% each. To that extend the award of the Tribunal is set aside. M.A.C.A. 466 OF 2006 -:3:- 4. Next is regarding the compensation. It can be seen that he was treated as an inpatient for 5 days and he had contusion on the thumb, abrasion on the wrist and leg and there is lacerated wound on the forehead, one having a dimension of 6 cm x 2 cm x 1 cm. Considering the length of treatment and the nature of injuries I feel a compensation of Rs.6,000/- can be fixed and after deducting 50% for the contributory negligence, the claimant can be awarded a sum of Rs.3,000/-. Being a matter which does not involve so much of complication I think it is not necessary to remand the case again. Therefore I fix the compensation and dispose of the appeal. Therefore the MACA is allowed and the claimant is awarded a compensation of Rs.3,000/- with 7% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-