JUDGMENT

K.G. Balakrishnan, CJI. —

1. Leave granted. Heard learned counsel for the parties.

2. The appellant was a driver working with the Kerala State Road Transport Corporation. On the date of the accident, he was driving the KSRTC bus (KL 15/1074) from Palakkad to Trichur. When his bus was near Kannanoor a private bus (KL 9A-3456) driven by the first respondent (belonging to second respondent, and insured with third respondent) came from the opposite side and there was a head-on collusion. As a result the appellant sustained injuries including fracture of right femur. He filed a petition before the Motor Accident Claims Tribunal, Palakkad claiming Rs.2,50,000/- as compensation. By judgment and award dated 13.5.1998 the Motor Accident Claims Tribunal allowed the claim petition in part. The Tribunal held that the accident occurred due to the composite negligence of drivers of both vehicles and it could not be said that the accident occurred solely due to the negligence of the first respondent. The Tribunal further held that as the accident occurred due to contributory and composite negligence of the drivers of both the vehicles, the liability should be fifty-fifty (that is 50% eac