ROSAMMA SIMPSON Vs. MARGRET BINDHU

JUDGEMENT

(1.) This appeal is preferred against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV) 224/03. It is the case of the claimant that a Maruthi Car driven by the 2nd respondent hit on the motorbike ridden by the husband of the claimant and thereby she sustained injuries. On the other hand the respondent would contend that the negligence was absolutely on the side of the husband of the claimant and therefore the petitioner is not entitled to any compensation. The Tribunal after analysis of the materials found the driver of the car negligent and awarded a sum of Rs.17,978/-. The respondents, aggrieved by the said decision had come up in appeal.

(2.) Heard both the sides. The accident had taken place in a junction which joins Mattancherry Fort Kochi road to Fort Kochi-Amaravathi road. The motorcycle was coming from east to west and was turning to the north to join Fort Kochi Amaravathi road. The car was coming from Nazareth Fort-Kochi road and it was to join the junction to proceed to Mattancherry-Fort Kochi road.

(3.) In order to get an idea of the location I appointed a Commissioner and he had submitted a plan and report in this matter. The place of accident is located by him as shown in the scene mahazar by marking the points. It is almost on the northern side of the Mattancherry Fort Kochi road. Now the question that may have to be considered is whether the claimant's husband was justified in moving towards the northern extremity if it is the place of accident or whether he had to comply with further statutory requirements. So also the movement of the car and it's turning also requires correction. Unfortunately in this case though the matter is very seriously contested the respondent did not adduce any evidence so as to make the Tribunal understand their real stand. Now the plan and report filed by the Commissioner is available. Therefore the Court can understand the position of the place and then try to find out the place of accident and then decide the question of negligence in accordance with law. Therefore I am inclined to grant an opportunity for both the sides to adduce further evidence in this matter.