Res judicata bars reopening negligence findings accepted in companion claims decided by a common judgment.

On 25 May 2006, a tractor driven by the appellant collided with a Santro car carrying the claimants, who sustained injuries.

The Motor Accident Claims Tribunal, by a common judgment disposing of four claim petitions, attributed 70% negligence to the Santro driver and 30% to the tractor driver, and awarded compensation of ₹63,000 with interest at 7.5% per annum in the present claim.

The tractor owner appealed, challenging the attribution of 30% negligence and seeking a reduction in the interest rate.

1. Whether the Tribunal’s finding attributing 30% negligence to the appellant should be disturbed in this appeal, particularly where the same finding in the other three claim petitions had been accepted by the appellant.

2. Whether the interest rate awarded by the Tribunal should be reduced on the ground that the appellant was elderly and had recently lost his son.

The Court relied on the principle of res judicata, stating that an issue settled and accepted between the same parties cannot be re-agitated in another proceeding; it considered that principle applicable here because the Tribunal had decided the four claim petitions by a common judgment and the appellant had accepted the negligence finding in the other three matters.

The judgment cites no statute or precedent and states no separate legal test for reducing the interest rate.

The Court declined to revisit the 30% negligence finding because the appellant had accepted the same finding in the other three claim petitions decided by the Tribunal’s common judgment.

It also noted that the appellant had filed no written statement and led no evidence before the Tribunal, characterizing the appeal as an afterthought.

Although the appellant sought a lower interest rate, the Court gave no separate analysis of that request and dismissed the appeal.

It directed the Tribunal to disburse the awarded amount, with accrued interest, to the claimant after verification and deduction of any unpaid court fees, and ordered the record and proceedings returned to the Tribunal.