High Court Kerala High Court

Roy Gee Varghese vs Smt.Rajalakshmi on 16 October, 2006

Kerala High Court
Roy Gee Varghese vs Smt.Rajalakshmi on 16 October, 2006
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 1331 of 2000()



1. ROY GEE VARGHESE
                      ...  Petitioner

                        Vs

1. SMT.RAJALAKSHMI
                       ...       Respondent

                For Petitioner  :SRI.V.CHITAMBARESH

                For Respondent  :SRI.GEO PAUL

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :16/10/2006

 O R D E R
                            J.B. KOSHY & M. N. KRISHNAN, JJ
                        ---------------------------------------------------------
                                  M.F.A. NO. 1331 OF 2000
                      --------------------------------------------------------------
                          Dated this the 16th day of October, 2006



                                            JUDGMENT

Krishnan, J

This appeal is preferred against the award of the Motor Accidents Claims

Tribunal, Thrissur in O.P.M.V. No. 1630/1997. The claimant was a rider of motor

byke bearing Registration No. KLG 8537 and when it reached Kuthiran it hit on

the back of a lorry bearing Registration No. KLH 606 thereby resulting in serious

injuries to him.

2. The Tribunal found that the claimant had hit on the back of the parked

lorry and therefore found that he had contributed 50 per cent to the accident and

thereafter proceeded to fix the compensation and after deducting 50 per cent,

granted him a compensation of Rs. 27,700/-. The learned counsel for the

appellant challenges the finding of the Tribunal on the question of negligence as

well as on the quantum. It can be seen that the claimant was proceeding in the

motor byke and at the time of climbing Kuthiran he had hit on the back of a

parked lorry and thereby sustained injuries. It is a settled principle and as per

the rules the driver of the vehicle is expected to keep atleast a distance of 10

mts. from the on moving vehicle. If the motor cyclist had taken care to observe

M.F.A. NO. 1331 OF 2000 2

that, certainly he could have averted the accident. Therefore, it has been held in

many cases that when hit is from behind there is a presumption of negligence on

the part of the person who comes and hit from behind. There is nothing to show

that the lorry was stopped all on a sudden and therefore the motor cycle hit on

the back of the lorry. In such circumstances, it has to be held that the finding of

the Tribunal that the claimant has contributed 50 per cent to the accident does

not require any interference. So far as the quantum of compensation is

concerned, the claimant has sustained a fracture and dislocation of the left wrist.

No disability certificate was produced by him. Taking into consideration the

medical records available the Tribunal granted a sum of Rs.20,000/- towards

medical treatment and other incidental expenses. It also found that the fracture

and dislocation would have caused inconvenience and therefore awarded Rs.

10,000/- towards loss of amenities and enjoyment in life. Even in the absence of

disability certificate the factum of fracture was considered and an amount of Rs.

10,000/- was awarded under the head of disability as well. Therefore the

Tribunal had only taken a liberal approach to fix the compensation and there is

nothing to interfere with the fixation of compensation as well.

From these discussions we hold that finding of contributory negligence as

well as on the quantum of compensation fixed by the Tribunal does not require

any interference. Therefore the M.F.A is dismissed.

M.F.A. NO. 1331 OF 2000 3

J.B. KOSHY, JUDGE.

M.N. KRISHNAN, JUDGE.

RV