IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 MACA.No. 2029 of 2006() ----------------------- OPMV.1827/2000 of MOTOR ACCIDENT CLAIMS TRIBUNAL, PERUMBAVOOR .................... APPELLANT(S): APPELLANT/PETITIONERS ------------------------------------ 1. MRS. NABEESA SHAMSU, M/O. DECEASED MANOJ, AGED 45 YEARS, PUTHIRITHUNDIYIL HOUSE, KARUKULAM, MARAMPILLY. 2. MOSAMI, SISTER OF DECEASED MANOJ, AGED 19 YEARS, PUTHIRITHUNDIYIL HOUSE, KARUKULAM, MARAMPILLY. 3. MANJU, SISTER OF DECEASED MANOJ, AGED 25 YEARS, PUTHIRITHUNDIYIL HOUSE, KARUKULAM, MARAMPILLY. BY ADV. SRI.P.O.JOSEPH RESPONDENT(S): --------------- 1. K.S.SASI, MUTHARIYIL HOUSE, THRIKKALATHOOR P.O., MUVATTUPUZHA. 2. NATIONAL INSURANCE CO. LTD., P.B.NO.24, MALLAPALLY BUILDINGS, A.M.ROAD, PERUMBAVOOR. ADV. SRI.P.JAYASANKAR FOR R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 02/04/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR & K. SURENDRA MOHAN, JJ. -------------------------------------------- M.A.C.A. No. 2029 OF 2006 -------------------------------------------- Dated this the 2nd day of April, 2009 JUDGMENT Ramachandran Nair,J. Appeal is filed for enhancement of compensation for the death of son of the first appellant, who was the sole brother of the remaining appellants. We have heard counsel appearing for the appellants and standing counsel appearing for the insurance company. The appellants' grievance is against fixation of low amount of compensation and also against disallowance of 50% towards contributory negligence. The deceased was only 22 years of age at the time of the accident and his death. Appellants are widowed mother and two sisters of the deceased. Even though appellants opposed disallowance on account of contributory negligence, standing counsel for the insurance company referred to the scene mahazar, and damage to the vehicle and contended that contributory negligence is well established beyond doubt more so because the accident occurred in the wrong side for the 2 deceased who was going from West to East. Considering the contentions raised by both sides and after going through the award and the evidence in the case, we are of the view that in fairness a sum of Rs. 2 lakhs should be granted to the appellants. We therefore modify the award by granting compensation of Rs. 2 lakhs in the place of Rs. 85,975/- with direction to the insurance company to deposit the additional compensation granted by us with interest at 7.5 per cent per annum from the date of application till date of deposit. Appeal is allowed as above. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk 3