IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 MACA.No. 1749 of 2008() ---------------------------------- OPMV.3635/2002 of PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL, KOZHIKODE .................... APPELLANT/PETITIONER IN O.P.(MV): ----------------------------------------------------- JYOTHISHKUMAR E., S/O SETHUMADHAVAN NAIR, AGED 33 YEARS, PULPARAMBIL HOUSE, NELLICODE POST,KOZHIKODE. BY ADV. MR.K.M.JAMALUDHEEN SMT.LATHA PRABHAKARAN RESPONDENTS/RESPONDENTS IN OP(MV): ------------------------------------------------------------- 1. K.T. NOUFAL SIDDIQUE, S/O MUHAMMED, KATTITHODI HOUSE, CHEENAL POST, NEMENI, WAYANAD DISTRICT. 2. P.MUHAMMED, SO ABOOBACKER, PEEDIKAKANDY HOUSE, CHEROOPA POST,' KOZHIKODE. 3. THE UNITED INDIA INSURANCE CO LTD., DIVISIONAL OFFICE, P.B. NO. 192, SEEMA TOWERS MAVOOR ROAD, KOZHIKODE. R3 BY ADV. MR.N.S.MOHAMMED USMAN. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NO. 1749 OF 2008 = = = = = = = = = = = = = = = Dated this the 17h day of September, 2009. J U D G M E N T This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kozhikode in O.P.(MV)3635/02. The claimant was riding a motorbike and there was a collusion between the motorcycle and the jeep resulting in injuries to him. He had sustained a fracture. The Tribunal found that in spite of the direction the claimant did not appear in person and even did not produce the charge sheet. Therefore the court was forced to apportion the negligence at 50% each and towards the end of the award the compensation was reduced by 25%. I am afraid that the said order of the Tribunal is totally erroneous. If one apportion the negligence at 50% one should deduct 50% of the compensation. The court has no power to show any concession in such matters. But unfortunately the question of negligence has not been properly considered in this matter. I permit and direct the claimants to appear before M.A.C.A. 1749 OF 2008 -:2:- the court, produce the charge sheet and scene mahazar and let in evidence in support of his contention regarding the negligence. If the insurance company want to produce any counter evidence they also may be permitted to do so as also the other parties. Since the matter is going back the court is directed to reconsider the adequacy of the compensation awarded in the case. Therefore the award under challenge is set aside and the matter is remitted back to the Tribunal for consideration of the negligence as well as the quantum. For the same the parties are permitted to adduce both documentary as well as oral evidence in support of their respective contentions and the matter be disposed of in accordance with law. Parties are directed to appear before the court below on 12.11.2009. M.N. KRISHNAN, JUDGE. ul/-