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 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 MACA.No. 1102 of 2004(D) ------------------------ OPMV.1362/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, MANJERI .................... APPELLANT(S): APPELLANT/PETITIONER ---------------------------------- P.SASIDHARAN, 52 YEARS, S/O.K.PARAMESWARAN, `USHUS', P.O.THRIKALANGODE. BY ADV. SMT.DHANYA P ASOK RESPONDENT(S): --------------- 1. A.MOHAMED SALIM, S/O.KUNHAHMED, TRADE INSTRUCTOR, TECHNICAL HIGH SCHOOL, P.O.KARUVAMBRAM WEST. 2. THE SUPERINTENDENT, JUNIOR TECHNICAL SCHOOL, P.O.KARUVAMBRAM WEST, (OWNER). 3. UNITED INDIA INSURANCE COMPANY LIMITED, MANJERI. ADV. SRI.MATHEWS JACOB, SENIOR ADVOCATE FOR R3 G.P. SMT.SMITHA SUKUMARAN FOR R2 ADV. SRI.SOJAN MICHAEL FOR R1 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 24/11/2008, ALONG WITH MACA NO.1103 OF 2004, THE COURT ON 24/11/2008 DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & HARUN-UL-RASHID, JJ. .................................................................... M.A.C.A. Nos.1102 & 1103 of 2004 .................................................................... Dated this the 24th day of November, 2008. JUDGMENT Ramachandran Nair, J. Appeals are filed by injured persons claiming enhancement of compensation for the injury sustained by them in a road accident. The vehicle involved was registered in the name of the second respondent which is a Government institution. On the date of accident, the driver was absent and one of the teachers drove the vehicle. The case of the claimants is that accident is on account of the rash and negligent driving of the vehicle by the school teacher involved who caused the accident. Even though MACT found that Insurance Company has no liability as the policy was only an act policy, compensation was awarded against the driver and registered owner of the vehicle. Since the registered owner is Government, obviously Government will be liable to pay compensation and in the event of failure, the property of the institution will be attached and sold in recovery proceedings. We do not find any scope for enhancement of compensation because the 2 inexperienced school teacher was encouraged to drive the Government vehicle by his colleagues who are victims of the accident. We have to necessarily hold that there is some kind of contributory negligence on them by encouraging a school teacher to drive the jeep in the absence of the driver. We, therefore, dismiss the appeals for enhancement of compensation. C.N.RAMACHANDRAN NAIR Judge HARUN-UL-RASHID Judge pms