IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 MFA.No. 1263 of 2001(B) ----------------------- OPMV.1474/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): -------------- PAPPACHAN @ JOSEPH, AGED 48 YEARS, SON OF JOSEPH, PUTHUR HOUSE P.O, 70 ACRE, ADAKKAKUNDU VIA., MALAPPURAM DIST. BY ADV. SMT.K.V.RESHMI RESPONDENT(S): --------------- 1. G. RAJENDRAN, SON OF GOPALAN, 5/220, RAJANI NIVAS, POOLKULAM, POLPULLY P.O., PALAKKAD DIST. 2. PERUMKULANGSARA PRABHAKARAN, SON OF THAMBUNNI, SRAMBIKKALLU, CHOKKAD AMSOM, MALAPPURAM. 3. UNITED INDIA INSURANCE CO. LTD., NILAMBUR. ADV. SRI.LIJU. M.P FOR R.1 SMT.M.LALITHA NAIR FOR R3 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M. F. A. No. 1263 OF 2001 -------------------------------------------- Dated this the 2nd day of January, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the injuries sustained by the appellant in a road accident. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company. On going through the award, we find that the compensation awarded is quite reasonable for the four percentage of disability sustained by the appellant on account of injury sustained in the accident. Even though appellant had consumed alcohol at the time of the accident, there is nothing to indicate that he was under the influence of alcohol at the time of accident. However, consuming alcohol in the morning is something which indicates alcoholism in himself. Therefore we modify the award by refixing the reduction on account of contributory negligence to 10% as against 20% fixed by the Tribunal. This will entitle the appellant for compensation of Rs. 2 50,000/- instead of Rs. 44,000/- out of Rs. 55,000/- awarded by the MACT which will carry interest at 7.5 per cent from the date of application till date of payment. Appeal stands allowed to the above extent. (C.N.RAMACHANDRAN NAIR) Judge. (V.K. MOHANAN) Judge. kk 3