IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 MACA.No. 197 of 2005() ---------------------- OPMV.473/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, IRINJALAKUDA .................... APPELLANT/PETITIONER IN OP(MV): ------------------------------------------------ MOHAMOD, S/O. P.KUNJU AHAMMAD, PARAKKANDI HOUSE, OLD ROAD, KOOTHUPARAMBA AMSOM & DESOM, THALASSERY TALUK, KANNUR-670 643. BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: RESPONDENTS IN OP(MV): ----------------------------------- 1. JAWAN, S/O. GOPALAN, PALLATHERY HOUSE, KODALY P.O., THRISSUR DISTRICT. 2. ORIENTAL INSURANCE COMPANY, MATTANCHERRY, COCHIN BRANCH. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 27/08/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- M.A.C.A. No. 197 OF 2005 -------------------------------------------- Dated this the 27th day of August, 2008 JUDGMENT Ramachandran Nair,J. This appeal is filed for enhancement of compensation and also against disallowance of 50% of compensation awarded on account of contributory negligence on the part of the appellant. We have heard counsel appearing for the appellant and standing counsel appearing for the insurance company and have gone through the award. The accident is on account of collision between two mini lorries of which one was driven by the appellant. It is the conceded position that other truck after the hit fell down outside the eastern edge of the road and the driver died. Appellant was going from South to North on NH 47 and the other vehicle which collided with the appellant's vehicle was coming from North to South. If the other vehicle after collision went out of the road and fell on the eastern side, then apparently it was on the correct side. If that vehicle was on the wrong side as claimed by 2 the appellant, then it would have either fallen on the road or on the western side of the road. In the circumstances, we concur with the finding of the MACT that the accident is contributed on account of negligence of the appellant also and disallowance of 50% is perfectly justified. We do not find any ground to enhance the compensation also and we therefore dismiss the appeal. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3