IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 MACA.No. 113 of 2006(C) -------------------------------------- OPMV.357/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANT/PETITIONER IN THE OP(MV) 357/04 ----------------------------------------------------------------------------------------------------- SAJI MATHEW, S/O.MATHEW, KAPPILKUNNEL VEEDU, SREEKRISHNAPURAM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENT(S): RESPONDENTS IN OP (MV)357/04 ----------------------------------------------------------------------------------- 1. K.P.MOHAMMED, S/O.K.P.HYDRU, KOLLAPARAMBAN HOUSE, N.S.S.CCOLLEGE ROAD, MANJERI, MALAPPURAM DISTRICT, PIN-676 505. 2. P.SIVASUBRAMANIAN, S/O.PALANI, ANDI, 4TH MILE, KALLINGARA, CHERUMULLY VILLAGE, GOODALLOOR, TAMIL NADU. 3. THE NATIONAL INSURANCE CCOMPANY LTD, 3RD FLOOR, UNITY BUILDING ANNEX, 72 MISSION ROAD, BANGALORE-560 027. ADV. SRI.JOE KALLIATH FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - M.A.C.A.No.113 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October 2010 JUDGMENT Basheer, J. The primary question that arises for consideration in this appeal is whether the Motor Accident Claims Tribunal was justified in holding the appellant/victim of the accident negligent to the extent of 50%. 2. The accident occurred when the jeep that was being driven by the appellant dashed against a bus coming from the opposite direction. The appellant, who was examined as PW1, refuted the allegation made by the insurance company that he had also contributed to the accident. The Tribunal, mainly relying on certain data like width of the road, distance to the road margin from the spot of the accident, etc. mentioned by the investigating officer in Ext.A3 scene mahazar, jumped to the conclusion that appellant was also guilty of contributory negligence to the extent of 50%. 3. It may at once be noticed that the police had charge sheeted respondent No.2, the driver of the bus, after due investigation. Significantly, respondent No.2 did not respond to the notice issued to him from the Tribunal. He remained absent and was set ex parte. Of course the owner of the bus denied the allegation that his driver was negligent. But, as mentioned earlier, the driver of the bus never bothered either to file a statement controverting the allegation made against him in the claim petition or step into the box to give any oral evidence. 4. In that view of the matter, we are of the view that the conclusion made by M.A.C.A.No.113 OF 2006 :: 2 :: the Tribunal that the appellant had contributed to the accident to the extent of 50% cannot be sustained at all. We therefore set aside the said finding. 5. What remains is only the question whether the appellant is entitled to get any enhancement of the compensation awarded. We have carefully perused the award passed by the Tribunal. In our view, the Tribunal has kept in view all the relevant aspects of the matter, while assessing the quantum. The Tribunal has taken the monthly income of the appellant as Rs.3,000/- while reckoning the disability compensation. Similarly, the Tribunal has awarded reasonable compensation under the heads pain and suffering, loss of amenities, future treatment, etc. Overall, we are satisfied that the amount of compensation awarded by the Tribunal is just and reasonable and no interference is warranted. Therefore, the appeal is allowed in part. The finding that the appellant had contributed to the accident to the extent of 50% is set aside. The entire amount of compensation assessed by the Tribunal shall be paid by the insurance company to the appellant. Appeal is disposed of in the above terms. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE jes