The main legal point established is the application of the doctrine of contributory negligence and composite negligence in determining liability for motor accidents.

JUDGMENT :

1. The appellant/National Insurance Company Limited challenges judgment and award dated 6.12.2006 passed by learned Member of the Motor Accident Claims Tribunal at Gadchiroli (learned Member of the tribunal) in Motor Accident Claims Petition No.136/2000 whereby the appellant/National Insurance Company Limited was directed to pay compensation of Rs.2,21,250/- to the claimants.

2. Brief facts necessary for disposal of the appeal are as under:

The alleged accident took place on 6.6.2002 when Bhaskar (the deceased) was travelling from Gadchiroli to Wadsa in Tempo Trax bearing No.MH-33/384 owned by respondent No.9 Basant Kumar Falatmal Nagdeve and insured with the appellant/National Insurance Company Limited. When the said Tempo Trax reached at Kitali Shivar on Armori- Gadchiroli Road, Luxury Bus No.MH-33/1012 driven by its driver dashed against the said Tempo Trax. In the said accident, the deceased died. Regarding the said accident, an offence was registered against the driver of the Luxury Bus vide Crime No.21/2000. The said Luxury Bus was owned by respondent No.7 Ashok Shankarrao Mallewar and insured with respondent No.8 - United India Insurance Company Limited. As the said accident took place, according to the claimants, due to the rash and negligent driving of the driver of the Luxury Bus and the Tempo Trax was also involved in the accident, they claimed compensation from both the vehicles’ owners and insurance companies.

3. It is further contended by the claimants that at the time of the said accident, age of the deceased was 47 years old and serving as a teacher in Mahatma Gandhi Vidyalaya, Wadsa and drawing salary of Rs.10,650/-. As the said accident took place due to the rash and negligent driving of driver of the Luxury Bus, the claimants are claiming compensation under pecuniary and non-pecuniary damages.

4. In response to the Notice, respondent No.6 Mahmood s/o Bhurakhan Pathan, the driver of the Luxury Bus, has not contested the claim petition.

5. Respondent No.7 Ashok Shankarrao Mallewar, the owner of the Luxury Bus and respondent No.8 United India Insurance Company Limited contested the claim petition on the ground that there was an involvement of two vehicles. The deceased was travelling in the Tempo Trax along with fourteen passengers when there was a permit of 1+9 passengers. The said accident took place due to the rash and negligent driving of the driver of the Tempo Trax. Hence, they are not liable for payment of compensation.

6. Respondent No.9 Basant Kumar Falatmal Nagdeve, the owner of the Tempo Trax, resisted the compensation claiming the negligence of the driver of the Luxury Bus. The appellant/National Insurance Company Limited, the insurer of the Tempo Trax, has not filed its reply.

7. To substantiate the contentions, claimant No.1 stepped into the witness box and adduced her evidence. She reiterated the contentions regarding the occurrence of the accident and claimed that the alleged accident took place due to the rash and negligent driving of the driver of the Luxury Bus. Admittedly, she is not an eyewitness of the incident. It came in her evidence that it was the Tempo Trax which gave the dash to the Luxury Bus and, therefore, the said accident took place. One Shri Thokar, who was also teacher, had witnessed the incident who informed her about the occurrence of the accident. It further came in her evidence that 13-14 persons were travelling in the Tempo Trax.

Besides her oral evidence, she placed reliance on the First Information Report (Exhibit-47), spot panchanama, inquest panchanama, and Form-AA (Exhibit-51).

8. Recital of the First Information Report shows that it was the driver of the Luxury Bus who was negligent while driving the vehicle and dashed against the Tempo Trax. The spot panchanama also shows that the Luxury Bus dashed against the Tempo Trax and the alleged accident took place.

9. The claimant No.1 admitted during her cross examination that it was the driver of the Tempo Tra