IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA MONDAY, THE 28TH JANUARY 2008 / 8TH MAGHA 1929 MFA.No. 740 of 2002(E) ---------------------- OPMV.563/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, OTTAPALAM .................... APPELLANT: 3RD RESPONDENT -------------------------------------------- THE ORIENTAL INSURANCE CO. LTD., PATAMBI, REPRESENTED BY ITS ASST.MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENTS: RESPONDENTS 4, 5 & 6 ------------------------------------------------------- 1. RAVIKUMAR, S/O. KRISHNAN EZHUTHASSAN, PULIKKAL HOUSE, KUTHAMPULLY, THIRUVILLWAMALA, THALAPPILLY TALUK, THRISSUR DISTRICT. 2. GOKULAN, S/O. BALAKRISHNAN NAIR, PARATHODIYIL HOUSE, KANNIYARKODE, THIRUVILLWAMALA, THALAPPILLY TALUK, THRISSUR DISTRICT. 3. THE UNITED INDIA INSURANCE COMPANY LTD., OTTAPALAM BRANCH, MAIN ROAD, OTTAPALAM, OTTAPALAM TALUK, PALAKKAD DISTRICT. THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 28/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- M.F.A.No.740 of 2002 ----------------------------------------- Dated this the 28th day of January, 2008 JUDGMENT Koshy, J. This appeal is filed by the Insurance Company. While a person, called Jayakrishnan was travelling in the jeep bearing registration No.KBF 2029, he sustained injury, when the jeep was hit by another jeep bearing registration No.KL-8-D 7174. According to the claimant, the driver of the vehicle, in which he was travelling and the driver of the vehicle which hit the vehicle in which he was travelling are negligent. But, the scene mahazar produced shows that the jeep, KBF 2029, insured by the appellant Insurance Company was on the wrong side and the accident occurred only due to the driver of that jeep. Hence, only the Insurance Company which insured jeep No.KBF 2029 was directed to deposit the compensation amount. This appeal is filed by the Insurance Company contending that the other side was also negligent and the liability ought to have been apportioned. There is no evidence to the effect that the other jeep driver was negligent. Only documentary evidence was adduced. The scene mahazar shows that the vehicle which was insured by the appellant M.F.A.740/02 2 Insurance Company is on the wrong side. In the above circumstances, we see no ground to interfere with the award. The appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. M.F.A.740/02 3 J.B.KOSHY & K.HEMA, JJ. ------------------------------ M.F.A.No.740 of 2002 ------------------------------ JUDGMENT 28.1.2008