The main legal point established in the judgment is the apportionment of negligence in cases of road traffic accidents involving multiple vehicles and the consideration of future prospects and personal expenses in calculating compensation.

R.BANUMATHI,J

1. Feeling aggrieved by the apportionment of negligence in the ratio of 50%:50%and award of compensation of Rs.45 lakhs in M.C.O.P.No.744 of 1998 for the death of Saravanan, who was a marine Engineer, Appellant-Oriental Insurance Company, insurer of the Tempo van has filed C.M.A.No.1840 of 2000.

2. Feeling dissatisfied with the quantum of compensation, Claimants have filed C.M.A.No.61 of 2001 for enhancement of compensation granted in M.C.O.P.No.744 of 1998.

3. Being aggrieved by the award of compensation of Rs.30,000/- for the damages caused to the articles in the road traffic accident, Appellant-Oriental Insurance Company, insurer of the Tempo van has filed C.M.A.No.1841 of 2000.

4. Since common points arise for consideration, all the three appeals were taken up together and shall stand disposed of by this common judgment.

5. Brief facts are that the houses of claimants are situated on the northern side of Erode – Perundurai road. On 5. 1998 at about 3.30 P.M, a lorry bearing Registration No.AP-13 T 7821 driven by the 6th Respondent in a rash and negligent manner, hit a Tempo van bearing registration No.TN-28 W 8996 and after hitting the Tempo van, the lorry turned left side and hit the house of Claimants and killed Saravanan, who was in the house. The lorry was proceeding from Perundurai to Erode from West to East, whereas the van was proceeding from Erode to Perundurai i.e., from East to West. Due to the accident, the entire roofing, asbestos cement sheets of the front portion of the house were damaged. Deceased - Saravanan sustained grievous injuries all over the body and he was immediately taken to Erode Government Hospital and he succumbed to injuries on his way to the Hospital. The driver and cleaner of the Tempo van also died on the spot. Criminal case was registered against the 6th Respondent – lorry driver under Sections 279 and 304-A IPC in Crime No.231 of 1998 on the file of Erode Taluk Policle Station. Deceased – Saravanan was a Marine Engineer and he was aged about 20 years and three months as on the date of accident. He was working as Radio Officer for Varun Shipping Company Limited and was getting more than Rs.60,000/- per month. Stating that the accident was due to the negligent driving of both lorry driver and tempo van driver and the composite negligence of both the drivers, the Claimants, who are wife, parents and brothers of deceased Saravanan filed the Claim Petition in M.C.O.P.No.744 of 1998 claiming compensation of Rs.75 lakhs.

6. In the same accident, the house of the Claimants in M.C.O.P.No.791 of 1998 was damaged and the windows, doors, rolling shutter and power loom machine were totally damaged. Alleging that the accident was due to the rash and negligent driving of both the vehicles, Claimants filed M.C.O.P.No.791 of 1999 claiming a sum of Rs.1 lakh as compensation for the damages caused to the house and other articles.

7. Before the Tribunal, first Claimant [Kalaivani], and second Claimant [Muruganantham] in MCOP.No.744/1998 were examined as P.Ws. 1 and 2. Ponnusamy [husband of first Claimant – Chandramathi] in M.C.O.P.No.791 of 1998, who was an eye witness to the accident was examined as P.W.3. One Chandrasekar, a weaver by profession, who was also an eye witness was examined as P.W.4. Vikas Narayan Singh, Special Officer of Employees Welfare was examined as P.W.5. Exs.P.1 to P.55 were marked. On the side of Respondents, cleaner of the lorry viz., Kumar was examined as R.W.1. No documents were marked.

8. Upon consideration of oral and documentary evidence, Tribunal held that the accident was due to negligence of both the drivers and held that the owners of both lorry bearing registration No.AP-13 T 7821 and tempo van bearing Registration No.TN-28 W 8996 and the insurer of both the vehicles viz., United India Insurance Company and Oriental Insurance Company are jointly and severally liable to pay the compensation and apportioned the liability at 50% : 50%. In MCOP.N