IN THE HIGH COURT OF KERALA AT ERNAKULAM
MFA.No. 994 of 2002()
1. SURENDRAN S/O. SIVASANKARAN NAIR,
... Petitioner
Vs
1. SISTER MYDHITS, DHAYA BUILDING,
... Respondent
2. SURESH KUMAR S/O. SEKHARA PILLAI,
3. MANAGER, NEW INDIA ASSURANCE COMPANY LTD
For Petitioner :SRI.D.SAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :19/11/2008
O R D E R
M.N.KRISHNAN, J
=====================
MFA No.994 OF 2002
=====================
Dated this the 19th day of November 2008
JUDGMENT
This appeal is preferred against the award of the Motor Accidents
Claims Tribunal, Thiruvananthapuram in O.P.(MV)No.1303 of 1998. The
claimant was riding an autorickshaw and when it reached the place of
accident, an accident took place on account of the collision between the said
autorickshaw and a car resulting in injuries to the claimant. The Tribunal
found that the claimant has contributed 50% negligence to the accident and
fixed a compensation of Rs.52,000/- deducted 50% and awarded
Rs.26,000/- It is against that decision, the claimant has come up in appeal.
2. Learned counsel for the appellant would submit that the finding of
negligence requires interference. I had perused the charge sheet, scene
mahazar and discussion in paragraph 8 of the award. It is true that a charge
sheet is filed against the driver of the car. The scene mahazar would reveal
that the road is having a width of 4.70 metres at the place of accident and it
has taken place exactly on the middle of the road as per the scene mahazar,
i.e. 2 metres and 35 cms. east of the western tar end. The autorickshaw was
MFA 994/2002 -:2:-
going from south to north and the car from the opposite direction. Being a
driver of little more heavier vehicle than autorickshaw the law envisages
better care by such car drivers. Further, it can be seen that there are very
serious damages sustained to the car. It would indicate that the speed in
which the car has come. The autorickshaw driver also, if he had kept his
side, he could have also averted the accident. But, as held earlier, being a
driver of a bigger vehicle the car driver is expected to bestow better care
and therefore I apportion the negligence at 65% on the car driver and 35%
on the autorickshaw driver. When this is calculated, the claimant will be
entitled to an amount of Rs.33,800/- instead of Rs.26,000/-. Therefore the
award is passed for an additional compensation of Rs.7,800/-.
In the result, the MFA is partly allowed and the claimant is entitled to
an additional compensation of Rs.7,800/- with 9% interest on the said sum
from the date of petition till realisation and the insurance company is
directed to deposit the amount within 60 days from the date of receipt of a
copy of this judgment.
M.N.KRISHNAN, JUDGE
Cdp/-
