High Court Kerala High Court

T.Kammu vs Muneer on 25 June, 2007

Kerala High Court
T.Kammu vs Muneer on 25 June, 2007
       

  

  

 
 
  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