JUDGMENT

Petitioner in O.P.(MV) No.133/1995 on the file of the Motor Accidents Claims Tribunal, Pathanamthitta is the appellant. Appeal is filed against an award passed by the Tribunal by which the appellant was found entitled to a compensation of Rs.36,250/- but awarded only one half of the amount on the ground that it was a case of composite negligence of drivers of both the vehicles.

2. The short facts necessary for the disposal of the appeal are as follows: Appellant was pillion riding a motor cycle bearing registration No.KL- 7E/7673 ridden by one B.P.Ratheeshan. A collision took place between the motor cycle and an autorickshaw bearing registration No.KL-3A/741. Appellant as well as Ratheeshan sustained injuries and Ratheeshan succumbed to the injuries. Appellant filed Original Petition claiming compensation alleging that the accident occurred solely due to the negligence of the driver of the autorickshaw. Legal heirs of Ratheeshan also filed a claim petition alleging that the accident occurred due to the negligence of the driver of the autorickshaw. Initially O.P.(MV) No.1376/1994 filed by the legal heirs of Ratheeshan was heard and disposed of by the Tribunal. In that petitio