IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 166 of 2006()
1. P.V. JOSE, S/O. VAREED,
... Petitioner
Vs
1. M.V. BABY, S/O. VAREED,
... Respondent
2. CHANDRAN, S/O. SREEDHARAN,
3. THE ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SRI.M.V.THAMBAN
For Respondent :SRI.M.JACOB MURICKAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :18/03/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 166 OF 2006
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Dated this the 18th day of March, 2010.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Irinjalakuda in O.P.(MV)940/93.
The lorry owned by the claimant sustained damages when
there was a collision between a lorry and van. The Tribunal
found both the drivers equally negligent and awarded a
compensation of Rs.5,000/- after deducting the contributory
negligence. It is against that decision the claimant has come
up in appeal.
2. Heard the learned counsel for the appellant as well
as the insurance company. Learned counsel would argue
that the finding on the contributory negligence is incorrect
and it requires interference. Admittedly the lorry was
proceeding from east to west and its correct side was
southern side. The van was coming from the opposite
direction and its correct side was northern side. The road at
M.A.C.A. 166 OF 2006
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the place of accident is having a width of 2.91 mtrs. The
accident had taken place 1.23 mtrs. south of the northern
tarred end. When all these materials are read together it is
the lorry which is on the wrong side and not the mini van.
Therefore the finding on the contributory negligence by the
Tribunal cannot be found fault with.
3. Now turning to the quantum. Learned counsel
would contend that Rs.15,000/- had been spent for repair
charges and Rs.7,000/- for spare parts, evidenced by Ext.A8
series. Even if depreciation is effected and considering the
nature of damages sustained to the vehicle I feel this is a fit
case where Rs.2,000/- more can be granted from which
when contributory negligence is deducted the claimant will be
entitled to Rs.1,000/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.1,000/- with 6% interest on the said sum from the date of
petition till 7.9.2004 and then from 23.12.05 till realisation.
M.A.C.A. 166 OF 2006
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The respondent, insurance company is directed to deposit
the same within a period of sixty days from the date of
receipt of a copy of the judgment.
M.N. KRISHNAN, JUDGE.
ul/-