The main legal point established in the judgment is the concept of contributory negligence and the liability of the insurer under the Motor Vehicles Act, 1988.

Heard the learned counsel for the parties.

2. All the three appeals have arisen out of the same question of facts arising out of three different motor accident claims petitions filed before the learned Member of the Motor Vehicle Accidents Tribunal which arose out of the same accident.

3. Deceased -Pradeep S/o Deeliprao Deshmukh was driving a motorcycle bearing number MH-12-CP-1073 from village Renapur towards Gursali in the night about 01:00 am on 24th January, 2008 within the territorial jurisdiction of Renapur Police Station, District Latur. Admittedly, he was not having a valid and effective licence for driving the motorcycle. Besides it, two other persons were also carried on the motorcycle as pillion riders about whom the next claim petitions were filed. While the motorcycle was being driven on the tar road to village Renapur, at that time, he gave dash to the tractor / trolley, which was in a turtled condition in the middle of the road. It transpired that as the center bolt of the trolley was broken, the same was turtled and the molasses, which was being carried in the said trolley was sprayed on the tar road. In this situation, when the motorcycle came at the place, it skidded due to molasses and dashed to the trolley resulting in instantaneous death of all 3 motorcycle riders. Therefore, three different claim petitions for claiming compensation came to be filed against the owner, driver and the insurer respectively of the trolley.

4. Before the learned Member of the Motor Accident Claims Tribunal, by way of oral evidence, the statement of one of each of the claimants i.e. legal representatives / dependents of the deceased in each case was examined. The driver and owner remained exparte during the proceedings.

5. Taking into consideration the oral evidence as well as the certified copies of the FIR and the panchanama of the spot of occurrence of accident, the learned Member in Motor Accident Claims Petition No.191 of 2008, which was filed by the parents of the deceased of Pradeep i.e. Motorcycle driver came to the conclusion as follows:

The panchanama showed that while molasses seems sprayed on the road, the trolley was lying on the middle of the road. It further showed that no proper indicators were placed at the concerned site of the road, though it was night time i.e. 01:00 am. The molasses was sprayed covering an area of about 14 to 20 feet on the tar road. In the circumstances, the learned Member came to the conclusion that the driver of the trolley did not take due care and caution. The learned Member also found that the deceased was driving the motorcycle without having any effective and valid licence. It was also considered that he was driving the motorcycle alongwith two pillion riders and therefore, considering all these facts on record, the learned Member held that there was an equal contributory negligence of the deceased -Pradeep i.e. Motorcycle driver as well as the driver of the tractor / trolley. Therefore, in Motor Accident Claim Petition No.191 of 2008 out of which the present First Appeal No.323 of 2010 has arisen, 50% of the compensation computed by the learned Member was directed to be paid by the driver, owner and the insurer/ present Appellant to the parents of the deceased.

6. In the 2 other petitions arising out of the death of pillion riders, the learned Member held that it was a composite negligence of the deceased motorcycle driver and the tractor / trolley driver. Therefore, finding that in case of composite negligence, all the tort-feasors are jointly and severally liable to pay the compensation, the learned Member directed that the entire quantum of compensation shall be paid by the present Appellant as the owner and insurer of the motorcycle were not made parties in these proceedings.

7. Mr. Mundada, learned counsel for the Appellant submits that when the deceased Pradeep was driving the motorcycle without having any effective and valid licence, without any helmet and carrying t