IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 MFA.No. 931 of 2000() ------------------------------ O.(MV) NO.881/1995 OF MOTOR ACCIDENTS CLAIMS TRIBUNAL, THALASSERY. --------- APPELLANT: PETITIONER ------------------ P.J.JOSEPH, S/O. JOSE, PUNMANAKKAL HOUSE, PERINGOME AMSOM, DESOM, P.O. PERINGOME, TALIPARAMBA TALUK. BY ADV. SRI.M.RAMESH CHANDER RESPONDENTS: ---------------------- *1 KOTTILA VEETIL SASIKUMAR, S/O.YESODA, 34 YEARS, PERALAM AMSOM PUTHUR DESOM, P.O. KOZHUMMAL(DELETED). *2 V.P.K.ABOOBACKER, S/O.MOHAMMED MATTOOL NORTH, KANNUR. (DELETED) 3. THE MANAGER, ORIENTAL INSURANCE CO.LTD., TALIPARAMBA BRANCH. 4. N.P.SASEENDRAN, S/O. KRISHNAN NARIPACHA VEEDU, VALIYAPOYIL P.O. KODAKKAD, KARIVALLUR. * THE NAME OF IST AND 2ND RESPONDENT IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE APPELLANT AS PER ORDER DT, 5.6.06 IN IA. 703/2006. BY ADV. SRI.MATHEWS JACOB THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 01/02/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. ------------------------------- M.F.A.NO.931 OF 2000 () ----------------------------------- Dated this the 1st day of February, 2008 J U D G M E N T KOSHY,J. Appellant claimant while standing in the bus stand was hit by a bus bearing registration No.KLN 5499 as 1st respondent driver of the bus tried to park the bus in the bus stand negligently. The driver of the bus was charge sheeted. Ext.A1 is the copy of the F.I.R. Excessive injuries were suffered by the petitioner. Tribunal after seeing the medical certificate as well as seeing the claimant fixed 25% disability and assessed an amount of Rs.1,44,500/- as compensation. However, tribunal found that petitioner is also negligent. To show that petitioner was negligent, there was no evidence. Respondent did not adduce any evidence. Apart from filing documentary evidence, appellant deposed before the court how the accident occurred. His evidence is unchallenged. As per the F.I.Statement and the evidence available, tribunal also found that accident MFA.931/2000 2 occurred because of the negligence of the 1st respondent in parking the vehicle. But there is no basis for the findings that appellant was also negligent by 25%. Therefore, findings regarding the contributory negligence is vacated. It is also contended that quantum of compensation awarded for permanent disability and loss of earning capacity was very meager. According to the appellant, due to the injury to the leg, he is unable to drive the vehicle and earn anything as he was a professional driver. The tribunal awarded compensation after considering the medical evidence. We note that sufficient amount was awarded and no enhancement is required. Since finding of contributory negligence, appellant is entitled to entire compensation assessed by the tribunal. After assessing compensation of Rs.1,44,500/- including reimbursement of medical expenses deducted 25% and only Rs.1,08,375/- was awarded by the tribunal. Since we have vacated the findings of contributory negligence, the 3rd respondent Insurance company shall deposit Rs.36,125/- more with 7.5% interest from the date of application till the date of deposit over and above the decreed amount by the tribunal and on deposit of the above amount, appellant is allowed to MFA.931/2000 3 withdraw the same. With the above modification of the award, this appeal is partly allowed. J.B.KOSHY, JUDGE K.HEMA, JUDGE prp J.B.KOSHY & K.HEMA, JJ. -------------------------------------------------------- M.F.A.NO.931 OF 2000 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 1st February, 2008