IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 MACA.No. 1464 of 2005() ----------------------- OPMV.165/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, THALASSERY .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- V.V.MADHU, S/O.KUNHI SANKARAN, 35 YEARS, VADAKKEVALAPPIL HOUSE, P.O.ANCHAMPEEDIKA, KANNUR DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): RESPONDENTS -------------------------- 1. KANDANBATH MANOJ, S/O.LAKSHMANAN, 31 YEARS, EDACHOVVA, P.O.CHOVVA, KANNUR. 2. K.P.ANIL KUMAR, KELAOTH VALAPPIL HOUSE, EDACHOVVA, P.O.CHOVVA, KANNUR-6. 3. UNITED INDIA INSURANCE CO LTD., BRANCH OFFICE, BROTHER'S COMPLEX, THALASSERY ROAD, KANNUR-2. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 SRI.P.JACOB MATHEW FOR R3 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 20/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. No.1464 of 2005 .................................................................... Dated this the 20th day of January, 2009. JUDGMENT Ramachandran Nair, J. Appeal is filed for enhancement of compensation as well as against reduction made by the MACT on account of contributory negligence. We have heard counsel for the appellant and Senior Standing Counsel appearing for the Insurance Company. 2. We do not find any ground to interfere with the award because appellant without a driving licence caused the accident by riding a motorbike and hitting the same against a truck. In fact, collision is in the rear of the truck. Inspite of these, MACT granted compensation to the appellant and reduced it by 25% on account of contributory negligence. We are completely in agreement with the findings in the award of the MACT and consequently dismiss the appeal. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge