IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA No. 955 of 2007()
1. T.KAMMU, S/O KALANTHAN, AGED 46 YEARS,
... Petitioner
Vs
1. MUNEER, S/O.SULAIMAN, AGED 23 YEARS,
... Respondent
2. THE NEW INDIA ASSURANCE COMPANY LTD.,
For Petitioner :SRI.AVM.SALAHUDIN
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice K.P.BALACHANDRAN
Dated :25/06/2007
O R D E R
J.B.KOSHY & K.P.BALACHANDRAN, JJ.
-------------------------------------
M.A.C.A.No.955 OF 2007
-------------------------------------
Dated 25th June, 2007
JUDGMENT
Koshy,J
.
Appellant/petitioner met with a motor accident by
which he sustained injuries. The accident occurred when the
scooter driven by him hit another scooter. Only F.I.R was
filed. Charge sheet and scene mahazar were not filed. No
oral evidence was adduced. In the absence of evidence, the
Tribunal found 10% contributory negligence on the part of the
appellant. The accident is the result of a head-on collision
in a public road. Even though 50% negligence alleged to be on
the claimant, only 10% was deducted for contributory
negligence. Compensation was granted on the basis of evidence
and Ext.C1 medical certificate. The total compensation
calculated was Rs.76,300/= and after deducting 10% Rs.68,670/=
was awarded with interest and cost. We see no ground to
interfere with the award at the instance of the claimant.
The appeal is dismissed.
J.B.KOSHY
JUDGE
K.P.BALACHANDRAN
JUDGE
tks