IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 MACA.No. 366 of 2007() ---------------------- OPMV.854/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MUVATTUPUZHA .................... APPELLANT(S): APPELLANT/3RD RESPONDENT -------------------------------------- THE ORIENTAL INSURANCE CO.LTD., KOCHI-11, REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) SRI.ALEXY AUGUSTINE RESPONDENT(S): CLAIMANT ----------------------- JOSHY PAULOSE, S/O.PAULOSE, NADAKKAL HOUSE, KIZHUMURY KARA, RAMAMANGALAM P.O. ADV. SRI.P.SHAIJAN JOSEPH FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. * * * * * * * * * * * * * M.A.C.A.No.366 of 2007 ---------------------------------------- Dated this the 3rd day of April 2009 J U D G M E N T BASANT,J The third respondent before the tribunal is the appellant before us. The 1st respondent/claimant had staked a claim for compensation for the loss suffered by him as a result of the accident which occurred on 23/11/2003. The claimant was riding one of the two motorcycles involved in the accident. The tribunal found that both riders were equally responsible for the accident and directed that 50% of the liability alone need be borne by the driver, owner and insurer of the vehicle. The tribunal then proceeded to ascertain the quantum of loss suffered by the claimant and the tribunal came to the conclusion that he has suffered a total loss of Rs.1,81,715/-. Though the tribunal had come to the conclusion that both riders were equally responsible for the accident, while issuing the direction the tribunal inadvertently omitted to note this earlier finding. The short contention of the learned counsel for the appellant/insurer is that the appellant can be mulcted with the M.A.C.A.No.366/07 2 liability to pay only half the amount of compensation found by the tribunal. 2. There is no representation for the respondent/claimant. We find merit in this contention. We are satisfied that the tribunal had erred in not granting to the appellant the benefit of the earlier finding in the award that both riders were equally responsible for the accident. 3. In the result a) This appeal is allowed in part. It is found that the appellant shall be liable to pay only 50% of the loss suffered i.e. Rs.1,81,715/- as fixed by the tribunal along with interest and cost as already directed by the tribunal. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) jsr M.A.C.A.No.366/07 3 M.A.C.A.No.366/07 4 R.BASANT &C.T.RAVIKUMAR, JJ. .No. of 200 ORDER/JUDGMENT 06/02/2009