IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 MACA.No. 185 of 2006() ---------------------- OPMV.1150/2003 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ATTINGAL .................... APPELLANT(S): APPELLANT/IST RESPONDENT OPMV. -------------------------------------------- NIZARUDEEN, S/O.ABDUL RAHUMAN, VALUKARIKKATHU VEEDU, MANJAPRA, THALIKUZHI PO, PULIMATHU, REP. BY HIS POWER OF ATTORNEY HOLDER, BADARUDEEN, S/O.ABDUL RAHUMAN, SAJEEV MANZIL, KATTUMPURAM PO, PULIMATH VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTIRCT. BY ADV. SRI.K.MOHAN SRI.P.V.GEORGE(PUTHIYIDAM) RESPONDENT(S): RESPONDENT 1 TO 6. OPMV. --------------------------------------- 1. MARIAM BEEVI,A GED 52, D/O.SUHARA BEEVI, AND MOTHER OF NVAZAS(DECEASED), NAVAZ MANZIL, VALLAM VETTIYAKONAM, PERUTHAMON, PULIMATH PO, 2. RAHIM.M. AGED 30, D/O.SUHARA BEEVI, DO. DO. 3. SHEEBA.M. AGED 28, D/O.SUHARA BEEVI, DO. DO. 4. SHANAVAS, S/O.SHANIFA BEEVI, S.R.MANZIL,MOORTHIKKAVU, KATTUMPURAM PO, KALLARA. 5. THE DIVISIONAL MANAGER, UNITD INDIA INSURANCE CO.LTD., DIVISIONAL OFFICE, LMS COMPOUND PALAYAM, THIRUVANANTHAPURAM. 6. A.KRISHNAKUMAR, S/O.ASHOKAN, ASHOKA BHAVAN, SASTHAKANAM, PUNALOOR PO, KILIMANOOR. 7. SHIBU, S/O.VISWAMBARAN, SHIBU BHAVAN, THURUTHIMON, PULIMATH P.O. KILIMANOOR. 8. THE DIVISIONAL MANAGER, ORIETNAL INSURANCE CO.LTD., DIVISIONAL OFFICE, ST.MARY'S VILLA, ULLOOR, MEDICAL COLLEGE P.O. THIRUVANANTHAPURAM. ADV. SRI.ANCHAL C.VIJAYAN FOR R1 TO 3 SRI.GEORGE CHERIAN (THIRUVALLA) FOR R8 SRI.A.R.GEORGE FOR R5 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ALONG WITH MACA 174&91/2006 ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & C.K.ABDUL REHIM, JJ. .................................................................... M.A.C.A. Nos.185, 174 & 91 of 2006 .................................................................... Dated this the 21st day of January, 2009. JUDGMENT Ramachandran Nair, J. The appeals are filed by registered owner of a jeep involved in an accident which led to death of three persons and injury to another man. The legal representatives of the deceased and the injured filed separate claim petitions in which the MACT found that the drivers of both the jeeps were equally negligent. The appellant in these cases is the registered owner of one of the jeeps against whom Insurance Company's right to recover compensation is ordered. We have heard counsel appearing for the appellant and separate Standing Counsel appearing for all the Insurance Companies. It is the admitted position that both the drivers in the two jeeps which collided each other did not have driving licence. Police charged case against both of them. The finding of the MACT that both the drivers were equally negligent is consistent with the Police case. Appellant's attempt before us is to establish that the accident was solely on account of negligence of one 2 of the drivers. Counsel has relied on scene mahazar to prove that the accident was on western side of the road which is the correct side for his jeep. We do not think we should consider this contention because there is no independent evidence to establish negligence on the part of the other vehicle. On the other hand, Police enquiry revealed contributory negligence on both the drivers. It is to be noted further that the accident is a collision between two jeeps on a fairly wide road which is the MC Road connecting Trivandrum to Kottayam. We do not find any ground to interfere with the finding of the MACT. The appeals are consequently dismissed. C.N.RAMACHANDRAN NAIR Judge C.K.ABDUL REHIM Judge pms