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 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 MACA.No. 2818 of 2008() ----------------------------------- OPMV.1688/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): PETITIONER ------------------------ JOMON J.KILIROOR, S/O.K.JOSEPH, KILIROOR HOUSE, KUTTAMPUZHA P.O. KUTTAMPUZHA VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.C.DILIP RESPONDENT(S): RESPONDENTS -------------------------- 1. SAJU C.O.S/O.OUSEPH, CHILAMBIKKOTT HOUSE VENGOOR POST, PERUMBAVOOR, PIN-683546 2. SURENDRAN K.A.S/O.AYYAPPAN, KARAMOOTTIL HOUSE, NORTH MAZHUVANNOR, MAZHUVANNOOR VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. 3. M/S.NATIONAL INSURANCE COMPANY LTD., M.M.JUNCTION, KOLENCHERRY - 682311. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. -------------------------------------- M.A.C.A.No.2818 of 2008 ------------------------------------- Dated 5th December, 2008 JUDGMENT Koshy,J . Appellant/claimant sustained crush injury to the right hand at the age of 24. While he was riding a motor cycle, a lorry driven by the second respondent hit him and he sustained injuries. The above lorry was insured by the third respondent-insurance company. According to the claimant, he was advised by the Public Service Commission and was awaiting for appointment as a police constable. But, on re-medical examination he was found not fit. Doctor certified 10% permanent disability. All these aspects were considered by the Tribunal. The percentage of disability as per the certificate produced by the claimant was accepted and compensation was granted for 10% disability. Even though no clear evidence regarding monthly earnings at the time of accident was proved, taking into consideration the fact that the appellant lost the opportunity to be appointed as police constable, Tribunal awarded compensation. Total amount calculated by the Tribunal was Rs.3,81,240/=. However, Tribunal found that there was contributory negligence on the part of the appellant and 15% was deducted on account of contributory negligence. Tribunal after MACA.2818/2008 2 considering the scene mahazar and other evidence found that the accident occurred while the appellant was attempting to overtake the lorry. According to the appellant, the lorry was swerved to the right side without giving signal. Considering the fact that the accident occurred while overtaking the lorry, 15% contributory negligence was attributed on the appellant. We find no ground to interfere with the same. After deducting contributory negligence the amount awarded was Rs.3,24,060/= with 8.5% interest for a youngster aged 24 who sustained only 10% disability. We are of the opinion that no grounds are made out for enhancing the compensation. The appeal is dismissed. J.B.KOSHY JUDGE THOMAS P. JOSEPH JUDGE tks