JUDGMENT

These appeals are preferred against the award in O.P(MV) Nos.1445/2002 and 1500/2002 of the Motor Accidents Claims Tribunal, Thalassery by the insurer of the vehicle KL 13/E 575. In OP(MV) No.1445/2002, the learned Tribunal awarded Rs.1,96,500/- with 7.5% interest and cost and directed the insurer to pay 50% of the award amount Rs.98,250/- since there was contributory negligence from the side of the rider and in OP(MV) No.1500/2002, the learned Tribunal awarded Rs.42,600/- with 7.5% interest and cost and directed the insurer to pay 50% of the award amount, that is Rs.21,300/- and directed the appellant who is the insurer of the autorickshaw to satisfy the award. Being aggrieved by that, the insurer preferred M.A.C.A No.996/2011 against OP(MV) No.1445/2002 and M.A.C.A No.1056/2011 against OP(MV) No.1500/2002.

2. The claimant's case in the lower court was that on 28.07.2002 at 8.45 pm, the deceased Vineeth was riding a motor cycle KL 13/G 1196 and when he reached at the place of occurrence, another vehicle KL-13-E-575 driven in a rash and negligent manner hit against the motor cycle, as a result the rider of the motor cycle died in the accident and the pillion rider sustained