The court established the principle of composite negligence and upheld the compensation amount based on the deceased's qualifications and future prospects.

By its judgment and order dated 19/6/2006, Additional Member, Motor Accident Claims Tribunal, Washim in M.A.C.P.No.68/2005 directed the appellant to pay compensation of Rs. 13 lakhs with future interest at the rate of 7.50% per annum from the date of petition till realisation of the amount. Being aggrieved thereby, the instant appeal is preferred.

2. Brief facts of the appeal can be stated as under:

Deceased Sheshrao was the husband of respondent no.1, father of respondent no.2 and son of respondent nos. 3 and 4. He was lecturer by profession. Side by side he was also working as L.I.C. agent and was earning substantial amount of income for his livelihood and for maintaining the respondents. On 5/6/2005 he was travelling in S.T.Bus No.MH409750 from Amravati-Mumbai to Nashik, the bus met with an accident at 4.00 a.m near Ozhar on BombayAgra road, as the bus gave dash to the stationary truck. As a result of the said collision, deceased Sheshrao, along with other passengers in the bus, sustained injuries and he succumbed to those injuries. Due to his untimely death, the respondents, having lost their only source of income, filed the claim petition before Tribunal seeking compensation to the tune of Rs. 20,00000/from the appellant.

3. This petition came to be resisted by the appellant, contending inter alia that the cause of the accident was not the rash and negligent driving of the S.T. bus, but the fact that the truck was standing stationary on the road without parking lights or indicators. It was contended that as one vehicle was coming from the opposite direction in fast speed, due to bright lights of that vehicle, the bus driver could not see the stationary truck as the truck driver has not switched on the parking lights. Hence, the collision took place. It was thus submitted that the driver of the truck and its owner and insurance company being equally responsible for the accident that has occurred and as they were not joined in the claim petition, the claim petition has to be dismissed on this sole ground. As regards the quantum of compensation, it was submitted that the amount claimed by respondents was exaggerated and calculated without any legal basis. It was submitted that the deceased was not having permanent job and therefore it is difficult to accept that he was earning income of Rs. 1,20,000/per year. Thus, according to the learned counsel for appellant, the claim petition filed by the respondents should have been dismissed by the Tribunal.

4. In support of their claim, respondent no.1 examined herself and also adduced the evidence of two more witnesses. As against it, on behalf of appellant bus driver Sk.Sadik S/o Sk.Kadir was examined.

5. On appreciation of this oral evidence and documentary evidence produced on record by both the parties, learned Tribunal was pleased to hold that the sole cause of accident was the rash and negligent driving of the bus. It was further held that, though some negligence lies on the part of the truck driver for not displaying the indicators even then, so far as the respondents are concerned, they can claim compensation from any of the vehicle owner and insurance company, it being a case of composite negligence. As regards the quantum of compensation, learned Tribunal, after having regard to the income, which deceased was receiving from his earnings as part time lecturer, then as paper examiner and L.I.C. agent, Tribunal considered that he was a highly qualified person, having studied upto M.A.B.Ed. Hence applying the multiplier of 17, Tribunal granted to respondents total compensation of Rs. 13,00000/with interest thereon.

6. While challenging this judgment and order of the Tribunal, the submission advanced by learned counsel for the appellant is that Tribunal itself has observed that there was some negligence on the part of truck driver, as the truck was parked without indicators at night time, when the accident occurred. Hence it is submitted that it was incumbent upon the Tribu