IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 26TH SEPTEMBER 2008 / 4TH ASWINA 1930 MACA.No. 1676 of 2006(D) ------------------------------ OPMV.785/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA APPELLANT/PETITIONER. ----------------------------------------- JOSSY VARGHESE, S/O.VARGHESE, AGED 32 YEARS, RESIDING AT ADUKUZHI HOUSE, INCHATHOTTY KARA, KUTTAMPPUZHA VILLAGE. BY ADV. SRI.K.JAJU BABU RESPONDENT(S)/ RESPONDENTS : ---------------------------------------- 1. SRI.S.JAYAN, S/O.SIVASANKARAN, GIGI BHAVAN, TEMPLE ROAD, THODUPUZHA. 2. SRI.BAKKER, S/O.KUNJUBAVA, MANGATTU HOUSE, PAIMATTOM KARA, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM. 3. SRI.ELDHOSE, S/O.JOSEPH, PARAKKURIYIL HOUSE, PIRAKKUNNAM KARA, KUTTAMANGALAM VILLAGE, KOTHAMANGALAM. 4. THE ORIENTAL INSURANCE CO.LTD., EBENACER GARDEN, EDAPPALLY, H.S. JUNCTION, EDAPPALLY, ERNAKULAM. ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R4 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 26/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1676 OF 2006 = = = = = = = = = = = = = = = Dated this the 26th day of September, 2008. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Muvattupuzha in O.P.(MV)785/02. The claim petition is to grant damages to the vehicle involved in the accident. The petitioner is the owner of the jeep. It collided with a bus resulting in damages to the jeep. The police after investigation filed a charge sheet against the driver of the bus. The Tribunal found that the bus was proceeding from north to south and the accident had taken place at a distance of 1.91 metres west of the eastern end of the tarred road. So it was the correct side of the bus. The jeep came from the opposite direction. So the Tribunal held that the negligence was on the part of the jeep driver. One may not be carried away merely on the basis of the scene of occurrence seen in the scene mahazar. When two vehicles are coming from opposite directions and an accident is about to take place it is only possible to visualize that both the M.A.C.A. 1676 OF 2006 -:2:- drivers will be trying their level best to avert the accident. In that process even a vehicle which is coming through the correct side may swerve the vehicle to the wrong side and what is more important in such cases is the tyre mark. The vehicles may not be in the exact position after the accident where the accident took place. In a case of head on collision there is an element of responsibility on both the drivers. So from the materials available it has to be stated that the jeep was, to some extent, on the wrong side. But one shall not attribute total negligence on account of that especially when, even after considering that ground the police after investigation charge sheeted the driver of the bus. PW1 also has been examined in this case. Therefore I feel this is a fit case where the negligence can be apportioned at 70% on the jeep driver and 30% on the bus driver. 2. Now he Tribunal has quantified the amount at Rs.33,500/-. The insurance company would be liable to pay only 30% of this amount because of the contributory negligence of the drivers of the jeep. Therefore it would come to Rs.10,050/-. M.A.C.A. 1676 OF 2006 -:3:- In the result the MACA is allowed and the claimant is awarded a compensation of Rs.10,050/- with 6% interest on the said sum from the date of petition till realisation and the insurance company is directed to deposit the same within a period of sixty days from the date of receipt of a copy of the judgment. M.N. KRISHNAN, JUDGE. ul/-