IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 MACA.NO. 2729 OF 2008() ------------------------------------ OPMV.1620/2001 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): PETITIONER IN OPMV ---------------------------------------------------- P.G.JOY @ GEORGE, S/O.GREGORY, PATHIALA HOUSE, MADAPPATTU BHAGOM, MANJUMMEL P.O., ELOOR VILLAGE. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENT(S): RESPONDENTS IN OPMV ------------------------------------------------------------ 1. D.VINCENT, S/O.DEVASSYKUTTY, ALUKKAL HOUSE, CHENGAL, KALADY. 2. THE NATIONAL INSURANCE COMPANY LTD., REGIONAL OFFICE, ERNAKULAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & THOMAS P.JOSEPH, JJ. = = = = = = = = = = = = = = = = = = = = = = = = = = M.A.C.A. No.2729 of 2008 = = = = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of November, 2008 J U D G M E N T ---------------------- Koshy, J. Appellant-claimant sustained injuries in a motor vehicle accident on 3.6.2000. While he was riding a motor cycle bearing Reg. No.KEE- 7356 another motorcycle came from the opposite side hit the same and the accident occurred. He claimed compensation of Rs.4,00,000/-. Tribunal awarded Rs.2,24,138/- But deducted 40% from the said amount finding contributory negligence on the part of the claimant and awarded only Rs.1,34,483/- with 7.5% interest per annum from the date of application till realisation. 2. With regard to the finding of contributory negligence Exhibit A2 scene mahazar shows that the accident occurred almost on the middle of the road. It is a head on collision on a public road. Police filed Exhibit A5 refer report wherein it was stated that nobody was negligent. Tribunal after considering the scene mahazar correctly found that if either of the motor cyclist were careful, the accident could have been avoided. Considering the scene mahazar and other evidence, the Tribunal assessed 40% contributory negligence on the part of the appellant. Medical Board certified 41% M.A.C.A. No.2729 of 2008 -: 2 :- disability as per Exhibit A10. Above certificate was produced by the appellant and the Tribunal accepted the same and compensation was awarded accordingly. Though appellant contended that the compensation awarded for pain and suffering and reimbursement of medical expenses are low and monthly income fixed is also low, considering the materials adduced and other circumstances, we find that the Tribunal has awarded just and reasonable compensation on all counts and no interference is required with the same. Appeal fails and it is dismissed. J.B. KOSHY, JUDGE. THOMAS P.JOSEPH, JUDGE. vsv