IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 MFA.No. 354 of 2003() --------------------- OPMV.2915/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT: PETITIONER: ---------------------------------------- K.S.RAJAN, AGED 31 YEARS, SON OF SUBRAMANIAN, NEROTHUPARAMBU HOUSE, MEKKARA, THEKKUMBHAGAM, TRIPUNITHURA. BY ADV. SRI.ANIL S.RAJ SMT.K.N.RAJANI SRI.RADHIKA RAJASEKHARAN P. SMT.NITHYA.K. RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. K.K.SATHYAN S/O. M.BALAKRISHNA MENON, NALUKETTIL HOSUE, THEKKUMBHAGAM, TRIPUNITHURA. 2. VINODKUMAR, S/O. THANKAPPAN, VAIKKASSERY HOUSE, SOUTH OF HINDI PRACHAR SABHA, KUREEKAD, KANICHIRA COLONY,(VIA) THIRUVANKULAM. 3. THE UNITED INDIA INSURANCE CO.LTD., TRIPUNITHURA. ADV. SRI.K.S.MADHUSOODANAN FOR R2 SRI.C.P.PEETHAMBARAN FOR R2 SRI.M.A.HAKIM SHAH FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & V.K.MOHANAN, JJ. --------------------------------------------- M.F.A.No. 354 of 2003 - C --------------------------------------------- Dated this the 31st day of July, 2008 J U D G M E N T Koshy,J: The appellant, while driving a bus, sustained injury when another bus insured by the third respondent, insurance company hit the same. It was a head-on collision. The Tribunal, after considering the scene mahazar and evidence found that accident occurred due to the negligence of both drivers. Accident occurred in public road almost on the middle of the road. It is correctly found that both drivers are negligent and apportioned the liability equally. We see no ground to interfere in the above findings of the Tribunal. The Apex Court in a decision reported in Bijoy Kumar Dugar v. Bidyadhar Dutta and Ors. (AIR 2006 SC 1255) held that in the absence of clear evidence, negligence can be contributed equally between both drivers in case of head-on collision in a highway. The petitioner had fracture shaft of femur. Even though the Doctor assessed 15% disability, the appellant deposed that he was working as a driver even after the accident. Therefore, for loss of earning power due to disability M.F.A.No.354 of 2003 :-2-: was not separately granted. However, for discomfort Rs.10,000/- was awarded to the appellant and Rs.20,000/- was granted for loss of actual earnings. The entire medical expenses were re-imbursed. The total amount awarded was Rs.75,000/-. The Tribunal found that the appellant is entitled to get 50% of the compensation awarded from respondents 1 to 3 and the appellant was allowed to recover an amount of Rs.37,500/- with interest thereon at the rate of 9% per annum from 14.10.1996, the date of application till the date of realisation. The award was passed only in 2001. We are of the view that the finding of the Tribunal is fully justified and no interference is called for. Just and reasonable compensation is awarded. Accordingly, the appeal is dismissed. J.B.KOSHY, Judge MBS/ V.K.MOHANAN, Judge M.F.A.No.354 of 2003 :-3-: J.B.KOSHY & V.K.MOHANAN, JJ. ------------------------------------------------ MFA.NO.354 OF 2003 ------------------------------------------- J U D G M E N T DATED: 31-7-2008 M.F.A.No.354 of 2003 :-4-: