IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 MACA.No. 166 of 2006(D) ---------------------------- OPMV.940/1993 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA. .................... APPELLANT(S):/PETITIONER: ----------------------------------- P.V. JOSE, S/O. VAREED, PAZHAYATTIL HOUSE, PALLIPURAM, MALA, THRISSUR DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.SREEKANTH.K.R SMT.THARA THAMBAN RESPONDENT(S)/ RESPONDENTS : ------------------------------------- 1. M.V. BABY, S/O. VAREED, MECHERY HOUSE, P.O. ELINJIPRA, CHALAKUDY, THRISSUR DISTRICT. 2. CHANDRAN, S/O. SREEDHARAN, VAIKKATHADAN HOUSE, P.O. PUDUKKAD, THRISSUR DISTRICT. 3. THE ORIENTAL INSURANCE CO.LTD., BRANCH OFFICE, CHALAKUDY, THRISSUR DISTRICT. ADV. SRI.M.JACOB MURICKAN FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 166 OF 2006 = = = = = = = = = = = = = = = Dated this the 18th day of March, 2010. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)940/93. The lorry owned by the claimant sustained damages when there was a collision between a lorry and van. The Tribunal found both the drivers equally negligent and awarded a compensation of Rs.5,000/- after deducting the contributory negligence. It is against that decision the claimant has come up in appeal. 2. Heard the learned counsel for the appellant as well as the insurance company. Learned counsel would argue that the finding on the contributory negligence is incorrect and it requires interference. Admittedly the lorry was proceeding from east to west and its correct side was southern side. The van was coming from the opposite direction and its correct side was northern side. The road at M.A.C.A. 166 OF 2006 -:2:- the place of accident is having a width of 2.91 mtrs. The accident had taken place 1.23 mtrs. south of the northern tarred end. When all these materials are read together it is the lorry which is on the wrong side and not the mini van. Therefore the finding on the contributory negligence by the Tribunal cannot be found fault with. 3. Now turning to the quantum. Learned counsel would contend that Rs.15,000/- had been spent for repair charges and Rs.7,000/- for spare parts, evidenced by Ext.A8 series. Even if depreciation is effected and considering the nature of damages sustained to the vehicle I feel this is a fit case where Rs.2,000/- more can be granted from which when contributory negligence is deducted the claimant will be entitled to Rs.1,000/-. In the result the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.1,000/- with 6% interest on the said sum from the date of petition till 7.9.2004 and then from 23.12.05 till realisation. M.A.C.A. 166 OF 2006 -:3:- The respondent, 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/-