High Court Kerala High Court

P.V. Jose vs M.V. Baby on 18 March, 2010

Kerala High Court
P.V. Jose vs M.V. Baby on 18 March, 2010
       

  

  

 
 
  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.
              = = = = = = = = = = = = = =
                 M.A.C.A. NO. 166 OF 2006
            = = = = = = = = = = = = = = =
        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/-