High Court Kerala High Court

V.Mani vs M.Janaki Devi on 18 December, 2007

Kerala High Court
V.Mani vs M.Janaki Devi on 18 December, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MFA No. 254 of 2001(B)



1. V.MANI
                      ...  Petitioner

                        Vs

1. M.JANAKI DEVI
                       ...       Respondent

                For Petitioner  :SRI.P.RAMAKRISHNAN

                For Respondent  :SRI.M.JACOB MURICKAN

The Hon'ble MR. Justice K.PADMANABHAN NAIR

 Dated :18/12/2007

 O R D E R
                          K. PADMANABHAN NAIR ,J.
                      -------------------------------------------------
                                M.F.A.No.254 of 2001
                      -------------------------------------------------
                   Dated, this the 18th day of December, 2007
                                     JUDGMENT

The petitioner in O.P.(MV) No.154/1998 on the file of the Motor Accidents

Claims Tribunal, Thrissur is the appellant. Appellant met with a motor vehicle

accident and sustained injuries. He was a pillion rider in a scooter bearing

registration No.KL-9/C 6270. A collision took place between that scooter and a

stage carriage bus bearing registration No.KL.9/B 2324 driven by the second

respondent. Petitioner filed Original Petition impleading the owner, driver and

insurer of the bus, claiming Rupees one lakh as compensation. The owner and

driver remained exparte. Insurer alone contested the matter. Negligence alleged

against the second respondent driver was denied. It was contended that the

accident occurred due to the negligence of the driver of the scooter alone. It was

also contended that he was not holding a valid driving licence at the time of

accident. Quantum of damages claimed was disputed. Tribunal found that the

appellant sustained injuries in a motor vehicle accident. It was found that

normally the appellant would have been entitled to get a compensation of Rupees

one lakh. It was found that it was a case of contributory negligence and the

driver of the scooter was also made liable to pay contribution. Tribunal fixed the

liability to 50:50 and permitted the appellant to recover Rs.50,000/- from the third

MFA No.254/2001 -: 2 :-

respondent. Complaining that the quantum of compensation awarded is very low

this appeal is filed by the petitioner himself.

2. Learned counsel appearing for the appellant has argued that FIR was

registered against the second respondent alone and in the final report also he was

made as the accused. At the place of accident the road lies north-south. The width

of the tarred portion of the road is 6.72 metres. Scooter was coming from south to

north and the bus was coming from north to south. The right side of the scooter

was western side of the road. But going by the description given in the mahazer

the place of accident is eastern half of the road. So the Tribunal found that the

rider of the scooter also contributed negligence. Finding of the Tribunal that it

was a case of composite negligence is correct and does not call for any

interference. But the materials on record shows that the bus was driven in

excessive speed and rash or negligent manner. So the Tribunal ought to have fixed

the liability at 65% on the second respondent and 35% on the rider of the scooter.

The appellant is entitled to get 65% of the total compensation already fixed by the

Tribunal, i.e., 15% more what is fixed by the Tribunal. Tribunal found that the

total compensation would have been Rupees one lakh and the appellant/petitioner

is entitled to recover Rs.50,000/-. So the appellant is entitled to get Rs.15,000/-

more with interest. I do not find any reason to interfere with any other findings of

the Tribunal.

In the result, appeal is allowed in part. An award is passed in favour of the

MFA No.254/2001 -: 3 :-

appellant allowing him to recover an amount of Rs.15,000/- more with 6% interest

per annum from the date of petition till the date of realisation. Third respondent

insurer is directed to deposit the amount. On deposit the appellant can withdraw

the entire amount.

K. PADMANABHAN NAIR,
JUDGE.

cks

MFA No.254/2001 -: 4 :-

K.PADMANABHAN NAIR, J.

M.F.A.No.254 of 2001

JUDGMENT

18th December, 2007.