IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 MACA.No. 2958 of 2008() ----------------------- APPELLANT(S): IST RESPONDENT ---------------------------- V.K. SUGATHAN, S/O. LATE V.P.KUNJUNJU, LAKSHMI VIHAR, PERUMPANACHI.P.O, THENGANA, CHANGANACHERRY. BY ADV. SRI.M.G.KARTHIKEYAN RESPONDENT(S): PETITIONER AND 2ND RESPONDENT -------------------------------------------- 1. THANKACHAN @ THANKAPPAN S/O. RAMAN, PUTHENPARAMBIL HOUSE, MOOLAMKULAM, NATTAKOM.P.O, KOTTAYAM 2. THE DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., BAKER JUNCTION, KOTTAYAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.2958 of 2008 .................................................................... Dated this the 14th day of January, 2009. JUDGMENT Ramachandran Nair, J. Even though notice was ordered only in the delay condonation petition on 5.1.2009, we heard the appeal while hearing connected case M.A.C.A. No.2800/2009 at the admission stage. The challenge is against the finding of MACT on 50% contributory negligence on the part of the appellant in the accident. The accident is a collision between two cars, one of which was driven by the appellant and the other by a professional taxi driver. Going by the findings of MACT based on Police Report, Scene Mahazar and other evidence, we do not find any scope for interference with regard to the finding on 50% contributory negligence on the part of both the drivers who caused the 2 accident on the very wide MC Road which at the place of accident had 8.6 metres width. We, therefore, dismiss the appeal. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms