IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND SEPTEMBER 2009 / 31ST BHADRA 1931 MACA.No. 18 of 2009() ------------------------------ OPMV.1969/2004 of MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT(S): PETITIONER IN OP(MV) --------------------- T.P. KRISHNAN, S/O. PAZHANISWAMI PILLA, AGED 56 YEARS, THARAYIL PALAM HOUSE, NEAR PARAPPURARN KOZHIKODE. BY ADVS. SMT.LATHA PRABHAKARAN MR.K.M.JAMALUDHEEN RESPONDENT(S): RESPONDENTS IN OP.(MV) ------------------------ 1. P. SAKEER, S/O. MOHAMMED, KUTTUVINTE PARAKKAL HOUSE, PARAPPANANGADI, P.O. ALUNGAL BEACH MALAPPURAM. 2. JAISON, K. S/O. MUHAMMED KUNNNATHIRI VEEDU P.O., THENHIPALAM,PANAMBRA, MALAPPURAM DISTRICT. 3. THE UNITED INDIA INSURANCE CO. LTD., DIVISIONAL OFFICE WHITE LINES BUILDING, KALLAI ROAD, KOZHIKODE. R3 BY ADV. MR.PMM.NAJEEB KHAN THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 22/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.N.KRISHNAN, J. ........................................... M.A.C.A.NO.18 OF 2009 ............................................. Dated this the 22nd day of September, 2009 J U D G M E N T Notice to R1 and R2 dispensed with as the policy is admitted. 2. This is an appeal preferred against the award of the Claims Tribunal. Kozhikode in OP(MV)No.1969/2004. The claimant sustained injuries in a road accident and he has been awarded a compensation of Rs.6,000/=. He was aged 52 years at the time of the accident. 3. Heard the learned counsel for both sides and the documents were made available for perusal. The wound certificate would reveal that the claimant had sustained a lacerated wound - 2x.5 cm on the parietal region, abrasion - 1x.2 cm on the upper lip left side as well as on the right side. Immediately after the accident, he was unconscious for 15 minutes. He was referred to the Medical College Hospital, Kozhikode. The treatment record of the Medical College Hospital as an out patient would reveal that he had abdominal pain and pain over the left thigh. Large : 2 : M.A.C.A.NO.18 OF 2009 number of medicines were prescribed. X-ray was taken to find out any bony injury on the left thigh and it did not reveal any fracture. He had also attended the Dental Department and it indicated the clinical impression is luko plakia. It has nothing to do with the injury in a road accident. The Tribunal was not correct when it held that just because there is smell of alcohol on the claimant he attributed 50% to the accident. Unless one is able to show that one is under the influence of alcohol and he was walking along the middle of the road and used the road so callously one cannot attribute contributory negligence on that person. So taking into consideration the entire aspects and finding of the contributory negligence which is not absolutely proper, I am inclined to award an additional compensation of Rs.3,000/= besides Rs.6,000/= already granted. 4. In the result, the MACA is partly allowed and the claimant is awarded an additional compensation of Rs.3,000/= with 7% interest on the said sum from the date of the petition till realisation and the insurance company is : 3 : M.A.C.A.NO.18 OF 2009 directed to deposit the said amount within a period 60 days from the date of receipt of a copy of this judgment. Disposed of accordingly. M.N.KRISHNAN, JUDGE cl : 4 : M.A.C.A.NO.18 OF 2009