IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 MACA.No. 822 of 2003() ---------------------- OPMV.1885/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT/PETITIONER: ---------------------------- KUNHALANKUTTY, S/O.ALAVIKUTTY MUSLIYAR, AGED 42 YEARS, NAMMIYATH HOUSE, POST VALLUVAMBRAM. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: RESPONDENTS ----------------------------------- 1. P.MOIDEEN HAJI, S/O.ALI, NELLIKKAPARAMBA, KARASSERI P.O.,(OWNER) 2. THE UNITED INDIA INSURANCE COMPANY LIMITED, MANJERI. BY ADV. SRI.P.M.MOHAMED ALI FOR R1 SRI.AYPE JOSEPH FOR R1 SRI.P.R.RAMACHANDRA MENON FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B. KOSHY AND P.N. RAVINDRAN, JJ. ----------------------------------------------- M.A.C.A. No. 822 OF 2003 ----------------------------------------------- Dated this the 8th day of July, 2008 JUDGMENT KOSHY, J. The claimant sustained injuries in an accident on 16.01.1998. He claimed a compensation of Rs.2,25,000/-. According to the disability certificate produced, 5% is the disability. The tribunal calculated a compensation of Rs.59,300/-. But the tribunal found that the accident occurred due to the negligence of the petitioner himself. Therefore, the petitioner cannot claim compensation apart from the workmen compensation liability and therefore the workmen compensation liability was calculated and the tribunal directed the Insurance Company to deposit the amount due as per the Workmen Compensation Act. The balance amount is ordered to be deposited by the 1st respondent, the owner of the vehicle. The owner of the vehicle did not file an appeal. We see no grounds to enhance the compensation awarded, as the liability of the insurance company is under the Workmen M.A.C.A. No. 822 OF 2003 2 Compensation Act and the accident occurred due the negligence of the petitioner himself. The appeal is dismissed. J.B. KOSHY , JUDGE P.N. RAVINDRAN, JUDGE. ttb M.A.C.A. No. 822 OF 2003 3 M.A.C.A. No. 822 OF 2003 4