IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 MACA.No. 1845 of 2009() ----------------------- OPMV.2271/2004 of PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV): ------------------------------------------------------------ SHIJITH, S/O.KUNHIRAMUNI MASTER, AGED 30 YEARS, EDAVALATH HOUSE, CHANOLY P.O., PERAMBRA (NOW RESIDING AT KUNNATHU PARAMBA HOUSE, FEROKE). BY ADVS. SRI.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN. RESPONDENT(S): RESPONDENTS IN OP(MV): -------------------------------------------------------------------- 1. LAKSHMANAN, S/O.KUNHAMBU NAIR, PARAYIL PUTHENVEETTIL HOUSE, EDACHERY, KANNUR DISTRICT. 2. SREEJITH, S/O.LAKSHMANAN NAIR, AGED 41 YEARS, MUTHIRAKKAL HOUSE, EDACHERY. 3. UNITED INDIA INSURANCE CO.LTD., P.B.NO.42, BRANCH OFFICE, FORT ROAD, KANNUR. R3 BY ADV. SRI.RAJAN P.KALIYATH THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J. ........................................... M.A.C.A.NO.1845 OF 2009 ............................................. Dated this the 19th day of July, 2010. J U D G M E N T This is an appeal preferred against the award of the Claims Tribunal, Kozhikode in OP(MV)No.2271/2004. The claimant sustained injuries in a road accident and the Tribunal found the claimant negligent to a tune of 60%, but graciously reduced only 15% from the amount awarded and awarded a compensation of Rs.14,230/=. 2. I find from para-3 that there is a valid policy in existence or in other words, existence of policy is admitted. I do not want to elaborate the matter for the reason that even if the quantum is to be enhanced, simultaneously further reduction has to be done for the negligence. So, it is desirable to keep the award in tact with only modification for a direction to the insurance company to pay the amount. But I caution the Tribunal that finding negligence at 60% and reducing 15% only is totally unknown to law and it should not be repeated. 3. Therefore I confirm the amount awarded and further add that the insurance company shall deposit the : 2 : M.A.C.A.NO.1845 OF 2009 said amount with the interest shown therein within a period of 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : M.A.C.A.NO.1845 OF 2009