IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 MACA.No. 145 of 2006(C) ----------------------------------- O.P.(MV).NO.3623/1997 OF MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/ 3RD RESPONDENT IN M.V.O.P: --------------------------------------------------------------- THE ORIENTAL INSURANCE CO.LTD., M.G.ROAD, KOCHI-35, REPRESENTED BY THE AUTHORIZED SIGNATORY, REGIONAL OFFICE, NORTH RAILWAY STATION ROAD, KOCHI-682 018. BY ADV. SRI.M.JACOB MURICKAN. RESPONDENTS/ PETITIONER & RESPONDENTS 1 AND 2 IN M.V.O.P: ------------------------------------------------------------------------------------------------- 1. S.BALAKRISHNAN, S/O.SREEDHARAN NAIR, SREENILAYAM, NEAR POLICE QUARTERS, NEDUMKOTTOOR, KUNNATHAZHAM, SHORNUR VILLAGE, OTTAPALAM. 2. C.SARADA, AMMATH HOUSE, NEAR CROSS CHURCH, PUZHAKKAL, P.O. THRISSUR. 3. R.BALAGOPAL, M-6/8,"POOJA", AYYANTHOLE, THRISSUR. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 18/08/2008, ALONG WITH M.A.C.A NO.149/2006,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.A.C.A. NO. 145/2006-C: ORDER ON I.A. NO. 190/2006 IN M.A.C.A. NO. 145/2006-C DISMISSED 18/08/2008. SD/- M.N.KRISHNAN, JUDGE. //TRUE COPY// P.A. TO JUDGE. prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = M.A.C.A. NOs. 145 & 149 OF 2006 = = = = = = = = = = = = = = = Dated this the 18th day of August, 2008. J U D G M E N T These appeals are preferred by the insurance company against the award of the Motor Accidents Claims Tribunal, Ernakulam in O.P.(MV)Nos.3623/97 and 3042/98. The claimants in these two cases were pillion riders in a scooter and a motor bike which got involved in the accident. There was a case filed by the rider of the scooter as O.P.(MV) 1915/97 and the Claims Tribunal by its award dated 29.3.05 held that the accident had taken place on account of the negligence of the motorcyclist. The Tribunal, after appreciation of the scene mahazar found that the accident had taken place 2.32 meters away towards west from the eastern tarred end of the road which was having a width of 5.26 meters. The claimant was proceeding from south to north. So the Tribunal held that the motorcycle has transgressed into the eastern side therefore apportioned the negligence equally on the scooterist as well as on the M.A.C.A. Nos. 145 & 149 OF 2006 -:2:- motorcyclist. Unfortunately, overlooking those facts, the Tribunal proceeded to decide the issue independently. 2. It is submitted by the learned counsel for the insurance company that the award in O.P.(MV)1915/97 has become final and therefore the question of negligence on the part of the scooterist have become final on account of the said finding. It is a well settled principle that when these types of matters are decided when the question of negligence is found in one of the connected cases and it is allowed to become final it will have a binding effect on other cases. A perusal of the award of the learned Tribunal would also show that he had not applied his mind properly. Just because PW1 has stated that the scooter was turning towards right after putting the indicator, the Tribunal held that there was no negligence on the part of the scooterist. I feel such a finding is not proper especially when a head on collision between two vehicles that too taken place on the wrong side of the scooterist. Therefore, I sustain the finding rendered by the Tribunal in O.P.(MV)1915/97 and when it is so it has M.A.C.A. Nos. 145 & 149 OF 2006 -:3:- to be stated that the pillion rider of the motorcycle cannot claim the entire compensation for the reason that riders of both vehicles contributed equally to the accident. Therefore the award under challenge is set aside and modified and it is held that the claimant in both the cases are entitled to get only 50% of the amount awarded by the Tribunal from the insurance company. If the amount is already deposited by the insurance company that may be given credit to and the balance need be deposited. The MACAs are disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-