IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 MACA.No. 302 of 2003() ---------------------- OPMV.727/1997 of MOTOR ACCIDENT CLAIMS TRIBUNAL, TRIVANDRUM .................... APPELLANTS/APPLICANTS -------------------------------------- 1. A.RENUKA D/O. OMANA AGED 39 YEARS, PRAMOD BHAVAN, J.P.LANE, KULAKUDIYOORKONAM, NEMON, THIRUVANANTHAPURAM. 2. G.R.PRAMOD S/O. GOPALKRISHNAN NAIR, AGED 16 YEARS (NOW MAJOR) PRAMOD BHAVAN, J.P.LANE, KULAKUDIYOORKONAM, NEMOM, THIRUVANANTHAPURAM. 3. G.R.PRAVEEN S/O. GOPALAKRISHNAN NAIR, AGED 15 YEARS (NOW MAJOR), PRAMOD BHAVAN, J.P.LANE, KULAKUDIYOORKONAM, NEMOM, THIRUVANANTHAPURAM. BY ADV. SRI.D.KISHORE RESPONDENTS: RESPONDENTS ------------------------ 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 2. KOCHUKUNJAN S/O. MANAS AGED 48 YEARS, SUJA BHAVAN, 11/670, NEAR KUNNUMPARA- CHAMUNDEESWARI SIVA TEMPLE, POONKULAM, THIRUVALLAM, THIRUVANANTHAPURAM. THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... M.A.C.A. No.302 of 2003 .................................................................... Dated this the 29th day of July, 2008. JUDGMENT Ramachandran Nair, J. This appeal is filed against the award of the MACT holding that the deceased has also contributed to the accident which led to his death. It is seen that even though MACT has awarded compensation almost in terms of the claim, 50% is reduced on account of contributory negligence by the victim. Counsel for the appellants submitted that the award is perverse because in the accident three persons who were standing or sitting in a shop room died simultaneously and the victim in this case was one among them. Even though the MACT awarded full compensation to the legal heirs of the other two victims vide award dated 11.8.2000 in O.P.(M.V.) Nos.78/1998 and 277/1998, the MACT wrongly found contributory negligence on the part of the victim in this case. 2. We have gone through the award passed by the MACT in the connected case, copy of which is produced before us. We find force in the contention of the appellants that in the award passed in the connected case MACT found no contributory negligence on the part of the other two 2 victims who died along with the deceased in this case. The records pertaining to the Police case against the driver of the KSRTC bus is also produced before us which clearly show that all the three victims who died on account of injury sustained in the same accident were standing on the door step of a building on the road side when the accident occurred. Admittedly when the driver of the KSRTC bus tried to save a motorcyclist, the bus went out of the road, hit all the three victims and all the three succumbed to injuries. The first appellant herein is the wife of one of the victims by name Gopalakrishnan Nair and the other appellants are the children of the deceased person. We do not find any material for the MACT to hold that the victim was negligent and he partly contributed to the accident. On the other hand, records and the award in the connected case establish beyond doubt that the accident was caused on account of the KSRTC bus hitting people standing or sitting on the road side building. Probably the driver lost control in the course of saving a motorcyclist. In any case there is absolutely no material to hold that the accident was due to the contributory negligence of the victim in this case. Accordingly, this part of the award is vacated with direction to the KSRTC to deposit the full compensation amount awarded in favour of the appellants. However, we do not find any justification for the MACT to award interest at 9%. Going 3 by consistent decisions of the Supreme Court, we reduce the interest to 7.5% p.a. from date of application till date of deposit, which the KSRTC will deposit along with the award amount. The appeal is allowed to the above extent. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms