IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 MACA.No. 225 of 2007() ---------------------- AGAINST THE ORDER DATED 25/08/2006 IN OPMV. 299 /1999 IN OPMV.297/1999 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/2ND RESPONDENT --------------------- THE ORIENTAL INSURANCE CO.LTD., KOCHI-16, RERPRESENTED BY ITS ASSISTANT MANAGER, REGIONAL OFFICE, ERNAKULAM NORTH, KOCHI-18. BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA) RESPONDENT: CLAIMANT --------------------- N.H.MUNAS, S/O M.P.HASSAN, MUTHIRAPARAMBIL HOUSE, PANAYAPPILLY P.O., COCHIN-2. BY THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- M.A.C.A. No. 225 OF 2007 --------------------- Dated this the 9th day of June, 2008 JUDGMENT This appeal is preferred against the award passed by the Motor Accident Claims Tribunal, Ernakulam, in OP(MV)No. 297/99. The Tribunal has awarded the petitioner a right to recover a sum of Rs.75,600/- from the Insurance Company. Para 17 of the award reads as follows: “In view of my finding on issue No.1 that both the riders of the motor cycles have contributed to the accident and that they were equally negligent, petitioners are entitled to compensation only for the negligence of the 1st respondent, which is 50% of the award amount.” 2. If it is so, in OP 297/99 also the Tribunal should have deducted 50%, which it has not done. Therefore, I dispose of this appeal with a direction to the Insurance Company to file an application for review of that award before the Tribunal. In case the Tribunal does not entertain the same, an opportunity is given to the Insurance Company to file an application to reopen this case for consideration. M.N.KRISHNAN, JUDGE vps