Contributory negligence affects compensation entitlements, with adjustments based on prior rulings and present circumstances.

JUDGMENT

Since these two appeals arise from the very same award dated 29.11.2011 in O.P.(MV) No.209 of 2007 on the file of the Motor Accidents Claims Tribunal, Ernakulam, these appeals are heard together and being disposed of by this judgment. M.A.C.A.No.136 of 2013 is filed by the 3rd respondent/insurer in the O.P challenging the liability to pay the amount awarded by the tribunal, whereas M.A.C.A.No.282 of 2016 is filed by the appellants/claimant & respondents 4 and 5 in the O.P. dissatisfied with the quantum of compensation awarded by the tribunal.

2. The brief facts of the case is as follows: On 27.05.2001 at about 9.30 p.m., while the deceased was driving a car bearing registration No.KL-7-AB-4928 through Trichur – Ernakulam road, it hit against a lorry bearing registration No.TN-28W-6559 due to the rash and negligent driving of the first respondent and as a result, the deceased sustained serious injuries and succumbed to the injuries on the same day. The claimant, who is the son of the deceased, approached the tribunal claiming a total compensation of ₹20,00,000/-. The third and fourth respondents were the wife and another son of the deceased.

3. The first and second respondents, the driver and the owner of the offending vehicle respectively, remained absent and were set ex parte before the tribunal. The third respondent – insurer filed a written statement and additional written statement, admitting the ownership of the lorry and disputing the liability and quantum of compensation claimed. They contended that the accident occurred due to negligence on the part of the deceased. Before the tribunal, Exts.A1 to A13 & Ext.B1 were marked. The tribunal, after analysing the pleadings and materials on record, found that the accident was due to negligence on the part of the first respondent and the appellants/claimants were awarded a sum of ₹8,89,500/- as compensation under different heads with interest @ 8% per annum from the date of petition till realization with proportionate costs against the third respondent insurer and in default of which the award amount will carry penal interest @ 9% per annum from the date of petition. Challenging the liability and dissatisfied with the quantum of compensation awarded, the insurance company as well as the claimants have come up in appeals.

4. Heard the learned counsel for the claimants and the learned standing counsel for the respondent insurer.

5. The learned Standing Counsel appearing for the insurance company submitted that the brother of the deceased/driver, who was a passenger in the car, involved in the accident, had filed O.P.(MV)No. 1700/2001 before the Motor Accidents Claims Tribunal, Perumbavoor. In the said case, contributory negligence of 50% each was found by the tribunal, against the lorry driver and the car driver. The driver of the car is the deceased in the present claim petition. The owner of the car was shown as the Managing Partner of Super Link Systems & Technologies (P) Ltd.

6. The learned counsel appearing for the claimants have produced before this Court, the certified copy of the revised award in O.P.(MV) No. 1700/2001 filed by the brother of the deceased. When the original award was passed by the Motor Accidents Claims Tribunal, Perumbavoor, in the above case, the 4th respondent, National Insurance Company, challenged the award. This Court, by judgment dated 22.06.2010, set aside the original award and directed the tribunal to reconsider the issue regarding liability alone, after impleading the