IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 MACA.No. 493 of 2009() ---------------------- OPMV.2018/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER: -------------------------------------------- MOHANAN, S/O.NARAYANAN, PADINHARE MANNARAKKAL PARAMBA, P.O.KOLATHARA, CHERUVANNUR, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. C.BIMAL, S/O.SAMIDASAN, CHALIKKARA HOUSE, NEAR CHALIKKARA BUS STOP, PANTHEERANKAVU P.O., KOZHIKODE DISTRICT. 2. T.SHERIEF, S/O.HASSANKUTTY, EDAKKATTU HOUSE, NEAR MATHARA, P.O. GURUVAYOORAPPAN COLLEGE, KOZHKODE DISTRICT. 3. UNITED INDIA INSURANCE CO.LIMITED., DIVISIONALOFFICE II, 2ND FLOOR, SEEMA TOWERS, BANK ROAD, MAVOOR ROAD JUNCTION, KOZHIKODE. R3 BY ADV. MR.N.S.MOHAMMED USMAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 10/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 493 OF 2009 = = = = = = = = = = = = = = = Dated this the 10th day of November, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)2018/02. The claimant, a 39 year old coolie by profession while riding a scooter was hit by a jeep resulting in injuries to him. The Tribunal originally found the contributory negligence at 50% and at the time of final awarding the amount reduced it to 10%. Iit appears to be a strange practice adopted by the Tribunal in almost all the cases which is really against the principles of law. Since I am going to reconsider the question of negligence I do not want to elaborate on that further. 2. Learned counsel for the insurance company in fairness had made available before me the copy of the scene mahazar, charge sheet etc. The charge is filed against the jeep driver. The scene mahazar would reveal that the M.A.C.A. 493 OF 2009 -:2:- scooterist was going from north to south and the jeep has coming from the opposite side. So the correct side of the scooter was eastern side and that of the jeep was western side. The road was having a width of 3.22 mt. at the place of the accident with a road margin on the western side. The accident had taken place 60 c.m. west of the eastern tarred end. So it is very clear that the scooterist was absolutely on the correct side and the jeep was absolutely on the wrong side. Therefore the finding of contributory negligence is really against the documents produced in the case and therefore in the light of the scene mahazar coupled with the charge sheet and the evidence of PW1 I find that the accident had taken place on account of the negligence of the jeep driver and the finding to the contra is set aside. 3. Now regarding the quantum. The claimant had sustained a fracture undisplaced tibia. He had attended Medical College Hospital as well as a private hospital. A reading of the award would reveal that he had been readmitted in the hospital even after four months from the date of accident. So the treatment records revealed that M.A.C.A. 493 OF 2009 -:3:- there was a total prohibition for this man to work at least for four months and the undisplaced fracture has caused him lot of agonizing pain as well. So far as loss of earnings is concerned he is entitled at the rate of Rs.2,000/-, Rs.8,000/-, out of which only Rs.5,000/- is awarded. So he is given an additional compensation of Rs.3,000/- under that head. Towards pain and sufferings also I am inclined to enhance it by Rs.2,000/- thereby entitling the claimant o have an additional compensation of Rs.5,000/- and altogether a total compensation of Rs.34,000/-. In the result a revised award is passed as follows. The claimant is awarded a compensation of Rs.34,000/- with 7.5% interest on the said sum from the date of petition till realisation and the respondent, insurance company is directed to deposit the same within a period of 60 days. Needless to say if any amount is already deposited only the balance need to be deposited. M.N. KRISHNAN, JUDGE. ul/-