IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 MACA.No. 275 of 2003(D) ---------------------------- (OP(MV) 74/1998 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THODUPUZHA) .................... APPELLANT/PETITIONER: ------------------------------ EDISON JOHN, S/O. JOHN, KURUMADATHIL HOUSE, PUTHUPERIYARAM P.O., MANAKKAD VILLAGE, THODUPUZHA. BY ADV. SMT.LEELAMMA GEORGE ABRAHAM RESPONDENTS/RESPONDENTS: ------------------------------------ 1. C.K.KURIEN, S/O. KURIEN, CHANNATTUMUTTOM, KATTAPPANA P.O., IDUKKI DIST. 2. BIJU JOSEPH, S/O. JOSEPH, ANIKKATTIL HOUSE, NARAKAKKANAM P.O., THANKAMONY, IDUKKI DISTRICT. 3. THE NEW INDIA ASSURANCE COMPANY LTD., KATTAPPANA BRANCH, KATTAPPANA. 4. T.BALAKRISHNAN, 425, KLUTTIPPALLAM P.O., CHITTOOR, PALAKKADU. 5. THE NATIONAL INSURANCE COMPANY LTD., POLLACHI BRANCH, TAMIL NADU. BY ADV. SRI.N.S.MOHAMMED USMAN FOR R3 SRI.M.A.GEORGE FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J ------------------------- M.A.C.A.No. 275 OF 2003 ------------------------------------------ Dated this the 30th day of June, 2008 JUDGMENT This appeal is preferred against the award of the Claims Tribunal, Thodupuzha in O.P.(MV) 74/98. The claimant was a passenger in a bus. There was a collision between the bus and a lorry as a result of which the claimant sustained injuries. Originally the claim was registered against the bus driver. But later it was referred and so the fact remained that there is no charge against the bus driver or against the lorry driver. At any rate the petitioner who was a passenger in the bus is not responsible for the accident. It is a head on collision for the reason that the vehicle collided coming from opposite directions. When there is a head on collision it has to be presumed that the accident had taken place on account of the negligence of both drivers. Therefore I find negligence at 50 % each. Next is regarding the quantum of compensation. The Tribunal has fixed the compensation of Rs. 3,500/- with 9% interest. It is seen that the claimant has sustained a lacerated injury under the chin. He had produced some medical bills as well. M.A.C.A.No. 275/2003 2 Therefore I confirm the figure of compensation and direct the Insurance Companies of both vehicles namely R3 and R6 to pay equal halves of the amounts to the claimant. Therefore the MACA is allowed and the claimant is awarded a compensation of Rs. 3500/- with 9% interest from the date of petition till realisation. Respondents No. 3 and 6 are directed to pay the amount equally within a period of 60 days from the date of receipt of copy of the judgment. M.N. KRISHNAN, JUDGE vkm