The main legal point established in the judgment is the application of the concept of composite negligence, the principles of apportionment of damages, and the liability of the insurance companies in cases of motor accidents.

( 1 ) M. F. A. 1736/83 by respondent No. 1 (in the lower court) is directed against the judgment and award dated 21-6-83 passed by the Motor Accidents Claims Tribunal, Man galore in M. C. (M. V. C.) 155/80 awarding a compensation of Rs. 67. 000/the claimant in M V. C 155/80 being dissatisfied with the quantum of the compensation, has preferred M. F. A. 22/84.

( 2 ) THE Petitioner-claimant was working as a sub postmaster in Udupi on a gross salary of Rs. 901/- per month. On 13-4-80 the claimant after finishing his work in Mangalore was going to udupi in the bus bearing No. MEG 4458 belonging to respondent No. 1-Smt. Rama Ba. The claimant was seated in the third row on the right side. When the bus reached Padapanambur, a lorry bearing No MEG 6280 belonging to respondent No. 3-Robert D'souza and driven by shekar Poojary came at a great speed and without giving any signal or horn from the opposite direction. e. from Udupi direction to Mangalore. When the bus and the lorry were crossing each other both of them grazed each other. In the course of the accident, the claimant sustained injuries and fracture of the fore-arm. According to the Petitioner, the accident took place due to the composite negligence of both the vehicles. Thus, he filed a Petition claiming a compensation of Rs. 2,00,000/3. Respondents resisted the Petition.

( 3 ) THE Trial Court on circumspection of the evidence held that the accident was due to the composite negligence of the drivers of both the vehicles and awarded a compensation of Rs. 67,000/ -. It apportioned the compensation between the bus and the lorry at 50% each. It also limited the liability of R-2 insurance company to Rs. 5000/ -.

( 4 ) THE owner of the bus, being aggrieved, has come up with M. F. A. 1736/83. The claimant petitioner being dissatisfied with the quantum of compensation has come up with M. F. A. 22/84.

( 5 ) THE bus in which the claimant was travelling was going from Mangalore towards Udupi by the national Highway. When the bus reached Padapanambur, the lorry in question came from the opposite direction. e. from Udupi direction towards Mangalore at a great speed.

( 6 ) THE case of the lorry driver and its owner is that the bus driver tried to overtake the tempo which was going ahead of it and while so overtaking came to the right side of the tempo and thus the driver of the bus alone was responsible for the accident. According to the driver of the bus, the accident took place after the bus overtook the tempo. According to the owner of the lorry, the accident took place when the bus was just overtaking the tempo. On account of these inconsistencies and also on account of the fact that there is no mention about the tempo at all either in the F.. R. or in the spot mahazar, the Court below rightly rejected the story of the lorry owner that the bus was overtaking the tempo and while so overtaking, the bus grazed against the lorry.

( 7 ) THE tarred portion of the road in question is about 23 feet. There are kachcha portions of the road on either side of the tarred road, each measuring 7 feet and 7 inches. The width of the bus is 7 feet 10 inches and the width of the lorry is 7 feet 6 inches. Both of them together measure 15. 4 feet. If both of them had been travelling by their extreme left side, the present accident would not have taken place at all. The mahazar and other documents produced would go to show that the accident has taken place at a distance of 11 feet from the western edge of the tarred road. Thus, it becomes crystal clear that both the vehicles were not going by the proper side of the road. The evidence of the claimant and other witnesses conclusively proves that both the vehicles were being driven at an abnormal speed and both of them were not giving any signal and were not sounding the horns. When two vehicles are moving in opposite directions, it is expected of each of them to leave reasonable distance between the vehicles, so that they could pass each ot