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 TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 MACA.No. 17 of 2006() --------------------- OPMV.846/2000 of M.A.C.T.,PERUMBAVOOR .................... APPELLANT(S): APPELLANT/PETITIONER: ----------------------------------- ABOOBACKER K.B., S/O. BAVA, KALLUNGAL HOUSE, KAITHAKATTU, PATTIMATOM P.O., ERNAKULAM. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): RESPONDENTS: --------------------------- 1. KURIAKOSE P.M., PARAPURATHU HOUSE, VALAMBOOR. 2. SKARIA K.V. @ BABY, S/O. VARGHESE, KUDILUMARIYIL HOUSE, MAZHUVANNOOR, MUDAVOOR. 3. THE UNITED INDIA ASSURANCE CO. LTD., PERUMBAVOOR BRANCH. 4. THOMAS E.K., S/O. KURUVILLA, EDAPARAMBIL HOUSE, MULAVOOR. 5. ELDHOSE E.T., S/O. THOMAS, EDAPARAMBIL HOUSE, MULAVOOR. 6. THE ORIENTAL INSURANCE CO. LTD., MUVATTUPUZHA BRANCH. ADV. SMT.P.K.SANTHAMMA SRI.C.ANILKUMAR (KALLESSERIL) FOR R1 SRI.N.K.POULOSEKUTTY FOR R1 SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R6 SRI.P.JACOB MATHEW FOR R6 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.17 of 2006 .................................................................... Dated this the 20th day of January, 2009. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and separate Standing Counsel appearing for the two Insurance Companies. Accident leading to appellant's claim is a collision between appellant's tempo van and a lorry. MACT found accident is on account of contributory negligence equally by both the drivers. While appellant's driver was granted compensation, appellant's claim was rejected because he was found to be the owner of the vehicle and owner of the goods as well. However, counsel for the appellant rightly pointed out that the claim is maintainable against the offending vehicle which is a truck and the insurer as well. On going through the award, we find that the appellant has not sustained any serious injuries and no permanent disability is caused to him. However, since he sustained aberration and lacerated wound and underwent treatment in the hospital and since the compensation claimed was only Rs.30,000/-, we grant the appellant a 2 compensation of Rs.20,000/-. However, this will stand reduced by 50% on account of contributory negligence by the appellant's driver and appellant being the registered owner. The net compensation of Rs.10,000/- granted to the appellant will carry interest at 7.5% p.a. from date of application till date of payment and the liability will be borne by 6th respondent-Oriental Insurance Company. The appeal stands allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms