The main legal point established in the judgment is the application of contributory negligence and composite negligence under Section 166 of the Motor Vehicles Act, 1888, and the determination of liability of joint tortfeasors.

JUDGMENT

Bharati Dangre, J. - The New India assurance Company Limited has fled the four First appeals, challenging the distinct judgments passed in distinct applications, fled by the legal heirs of the deceased persons, who were occupants of a jeep bearing No.MH-04-a-1104, which met with an accident on 03/10/2006 and who succumbed to the said accident. The four applications, being fled by the legal heirs of the deceased persons under Section 166 of the Motor Vehicles act, 1888 (hereinafter referred to as 'the M.V.act') alleged that the deceased persons on whom they were dependent for their survival, had died in the accident when the Scorpio jeep dashed against a Motor Tempo No.DN-09-B-9909.

2. Under the four different judgments being delivered by the Motor accident Claim Tribunal, Mumbai, on 23/12/2015, the claims came to be granted by fiing the liability upon the owner of the offending Motor Tempo and its insurer whereas the claim of the claimants against the owner of the Scorpio Jeep and insurer of Scorpio Jeep was settled by the parties. The four different appeals assail the four judgments and the learned counsel Mr.Devendranath Joshi, appearing for the appellant, fairly states that in all the appeals, challenge by the Insurance Company is not to the quantum of compensation, but to an important aspect of contributory negligence, as the compensation is awarded to the claimants by recording a conclusion that the accident occurred due to composite negligence of both the vehicles and upon such a conclusion being arrived at, the Tribunal had proceeded to determine the inter se eitent of composite negligence of the driver of the Scorpio jeep and the Motor Tempo in proportion of 60:40.

3. all the four appeals were admitted on 27/08/2019 and were ready for hearing, on receipt of the record and proceedings, without paper-book. The printing of the paper-book was dispensed with as the appellant fled common private paper-book in all the four appeals. During the pendency of the appeals, distinct Interim applications were taken out for withdrawal of the amount by the claimants, but the parties preferred to argue the appeals fnally, and the appeals being ready and I have, therefore, proceeded to hear the appeals fnally by fiing them at 2.30 p.m. on the board.

4. The appellant-Insurance Company is represented by learned counsel Mr.Devendranath Joshi. Learned counsel Mr.amol Gatne with Ms.Swati Mehta represented respondent Nos.1, 3 and 4 to 6 i.e. the claimants. Learned counsel Ms.Yogita Deshmukh appearing for respondent No.9 was discharged from appearance, since the claimants had already settled their claim with respondent No.9- Cholamandalam MS General Insurance Co. Ltd.

With the assistance of the respective counsel, I have perused record and proceedings, including the judgments under challenge.

5. On 04/10/2006, FIR No.I 85 OF 2006 came to be lodged in Kasa Police Station of Thane District, invoking Sections 304(a), 275, 337, 338 of the Indian Penal Code (hereinafter referred to as, 'the IPC') read with Sections 124 of the M.V.act.

The frst informant is one Mr.V.S.Kharvas, PSI attached to Kasa Police Station, who reported that he is in receipt of information, from one Rakesh Sitaram Sawant, admitted in the Sub-District Hospital, Kasa and undergoing treatment, who narrated the incident with ghoulish relish, when he was driving a vehicle belonging to one Jayesh Shah, being a Tempo No.DN-09-B-9909 and on 03/10/2006, at around 15.30 hours, when on loading his truck from the Blue Plastic Company, Daman, he was enroute to his destination in Vasai and he was driving on ahmedabad Mumbai Highway, one Scorpio vehicle bearing No.MH-43-a-1104, coming from Mumbai towards Gujarat hit the road divider and came on the other side, on which he was steering his vehicle, and hit his Tempo from the side of driver seat.

The impact of the collision was so severe t