IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 MACA.No. 747 of 2004(D) ----------------------------------- OPMV.1354/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT/3RD RESPONDENT : ---------------------------------------------- THE MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, ALUVA NOW REPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, METRO PALACE, KOCHI-18. BY ADV. SRI.MATHEWS JACOB (SR.) RESPONDENT/PETITIONER : ---------------------------------------- REJI S/O. CHELLAPPAN, THATHUPURA VEEDU, KOLLETHAN KAVALA BHAGOM, AIMURI, KOOVAPPADY. (NO RELIEFS ARE CLAIMED AGAINST RESPONDENTS 1&2 IN THE ORIGINAL PETITION AND HENCE THEY ARE NOT MADE PARTIES IN THIS APPEAL) THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: MACA.No. 747 of 2004(D) ORDER IN I.A.NO.1757/2004 IN MACA.No. 747/2004(D) DISMISSED 02.07.2008 SD/- M.N.KRISHNAN, JUDGE -TRUE COPY- P.A. TO JUDGE pac M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 747 OF 2004 --------------------- Dated this the 2nd day of July, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Perumbavoor, in OP(MV) 1354/99 whereby the Tribunal has awarded a compensation of Rs.30,200/-. The main dispute is with respect to the negligence aspect. 2. The case of the Insurance Company is that on going through the scene mahazar the negligence should have been attributed on the claimant. It would contend that the road was having a width of 6 meters. Therefore, it is contended that as the claimant was coming from south to north, his correct side was western side. The accident had taken place 3.5 meters east from the western tar end which would indicate that he was 50 cms. on the wrong side. The road is having 6 meters and the accident has taken place almost on the middle of the road. The police after due investigation has filed charge sheet against the 1st respondent in the claim application and he had not adduced any evidence against it. Just because the accident had taken place on the middle of the road one cannot jump MACA No.747/04 2 to the conclusion regarding the negligence aspect especially when the investigating agency after due investigation has filed a charge sheet against the 1st respondent which remains uncontroverted. So, I do not find any mistake committed by the Tribunal in holding that the accident had taken place on account of the negligence of the respondent driver in the claim petition. So far as quantum of compensation is concerned, it is only just and equitable and therefore there is no necessity to interfere with the award. The appeal lacks merit and it is accordingly dismissed. M.N.KRISHNAN, JUDGE vps MACA No.747/04 3