IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 995 of 2008()
1. NATIONAL INSURANCE COMPANY LIMITED,
... Petitioner
Vs
1. ROY MATHEW @ LUKOSE, S/O. JOY, AGED
... Respondent
For Petitioner :SRI.RAJAN P.KALIYATH
For Respondent :SRI.S.SACHITHANANDA PAI
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :19/09/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 995 OF 2008
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Dated this the 19th day of September, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Thodupuzha in O.P.(MV)305/05.
The claimant was the driver of the jeep which was involved in
the accident. It collided with a bus resulting in injuries to
him and others. The Tribunal found negligence on the driver
of the bus and it is against that decision the insurance
company has come up in appeal.
2. Learned counsel for the insurance company would
contend before me that the bus was proceeding from east to
west, i.e., Kattkappana to Kuttikkanam and the jeep was
proceeding in the opposite direction. So the correct side of
the bus was southern side and that of the jeep was northern
side. As per the scene mahazar the total width of the road is
5.6 meters and the accident had taken place 87 cms. north
from the southern tarred end. The Tribunal did not attach
much importance to the place of accident for the reason the
M.A.C.A. 995 OF 2008
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direction in which the vehicles were proceeding is not
disclosed from the reading of the evidence on record. But
the fact remains otherwise. Therefore it requires
reconsideration at the hands of the Tribunal. Just because a
vehicle happens to be on the wrong side one cannot jump to
the conclusion regarding the total negligence and therefore
both parties must be given opportunity to explain the reason
for the accident in order to find out the negligence.
Therefore the award under challenge is set aside so far as it
relates to the question of negligence is concerned and the
matter is remitted back to the Tribunal for fresh
consideration after affording equal opportunities to both
sides to adduce evidence in support of their respective
contentions. Parties are directed to appear before the
Tribunal on 5.11.08. The Tribunal shall endeavor to dispose
of the matter within two months from the date of first
appearance of the parties.
The MACA is disposed of accordingly.
M.N. KRISHNAN, JUDGE.
ul/-