IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 MACA.No. 1218 of 2005() ----------------------- OPMV.228/2002 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT(S): APPELLANT/1ST RESPONDENT: --------------------------------------- THE MANAGING DIRECTOR, KERALA STATE ROAD, TRANSPORT CORPORATION THIRUVANANTHAPURAM. BY ADV. SRI.SAJEEVKUMAR K.GOPAL, SC, KSRTC SHRI.JOHNSON P.JOHN, SC, KSRTC RESPONDENT(S): --------------- 1. REMA, W/O. LATE MURALEEDHARAN, AGED 35 YEARS, CHALAMPATTA HOUSE, KAVADALAPARA P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. VIVEK (MINOR), S/O. LATE MURALEEDHARAN, DO. DO. 3. VIDYA (MINOR), D/O. LATE MURALEEDHARAN, REPRESENTED BY HER MOTHER AND GUARDIAN 1ST RESPONDENT. 4. DIVYA (MINOR) D/O. LATE MURALEEDHARAN, REPRESENTED BY HER MOTHER AND GUARDIAN 1ST RESPONDENT. 5. MR. BALAKRISHNAN, S/O. GOVINDAN, THANKANDI HOUSE, BALUSSERI. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. No.1218 of 2005 .................................................................... Dated this the 13th day of October, 2008. JUDGMENT Ramachandran Nair, J. The appeal is filed by KSRTC challenging the compensation awarded for the death of first respondent's husband in a road accident. Even though KSRTC contended before the MACT that accident occurred while the deceased negligently boarded the running bus, MACT rejected the claim and found that accident was caused on account of bus driver taking the bus without noticing that all passengers had not got in. We do not find any ground to interfere with this finding of fact entered by the MACT. Therefore, the claim of contributory negligence by the deceased in the accident put forward by KSRTC in the appeal is rejected. 2. The next ground raised by counsel for KSRTC is against the finding of the MACT that 30% of the cause of death of the deceased is attributable to the injury caused in the road accident by the KSRTC driver. According to counsel for KSRTC, the deceased was an acute diabetic patient with asthmatic complaint also. However, MACT after taking note of this contention found that the injury caused to the deceased which led to his 2 immobilisation and hospitalisation for treatment would have contributed to the aggravation of the diseases he had, leading to his premature death. We are in complete agreement with the MACT because it is common knowledge that diabetes can be kept under control through medication, dieting and exercise. When the deceased sustained serious injuries in the accident, he was bedridden for long period which naturally would have contributed to the aggravation of the diseases he had namely, diabetes and asthma. Therefore, the finding of the MACT that death of the deceased was advanced on account of the accident is only to be upheld and we do so. So far as quantum of compensation also is concerned, we do not find any case for reduction as the total compensation awarded is Rs.2,34,650/-, out of which Rs.45,000/-is towards reimbursement of medical bills. We, therefore, confirm the award and dismiss the appeal filed by KSRTC. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms