JUDGMENT

The award of the Motor Accident Claims Tribunal, Kozhikode in O.P(MV)No.687 of 2011 has been assailed by both the claimant, as also, the 3rd respondent Insurance Company. MACA No.248 of 2015 is the appeal preferred by the 3rd respondent Insurance Company, while MACA No.2810 of 2014 is the one preferred by the claimant.

2. The accident occurred on 08.05.2010, when the claimant was traveling in a motorcycle, which collided with a lorry, resulting in serious injuries.

3. Heard the learned counsel for the appellant in MACA No.2810 of 2014 (the claimant) and the learned counsel for the appellant in MACA No.248 of 2015 (3rd respondent Insurance Company). Perused the records.

4. Learned Senior Counsel for the appellant in MACA No.248 of 2015 preferred by the Insurance Company assailed the award on the following counts. First of all, learned counsel submitted that the Tribunal ought to have found contributory negligence on the part of the driver/claimant, in as much as, no charge sheet in respect of the crime registered in connection with the accident was produced before the Tribunal. It was also submitted that the Tribunal went seriously wrong in finding negligence against the drive