The main legal point established is the application of the concept of composite negligence and the liability of joint tortfeasors in motor accident cases.

Abdul Quddhose, J.

The instant appeal has been filed by the claimant challenging the findings of the Tribunal under the impugned award dated 05.08.2010 passed by the Motor Accident Claims Tribunal, Sub Court, Bhavani, Erode District in M.C.O.P.No.187 of 2008. The appellant has challenged the award on the ground that the Tribunal ought to have fixed the entire negligence on the part of the second respondent.

2. The brief facts leading to the filing of the instant appeal are as follows:

(i) The appellant sustained injuries on 16.04.2007 as a result of an accident caused by two vehicles viz., a bus bearing registration No.TN-33-N-1792 owned by the second respondent/ transport corporation and an unknown lorry.

(ii) According to the appellant, he was travelling as a passenger in the bus bearing Registration No.TN-33-N-1792 owned by the second respondent/ transport corporation. While travelling, he was seated at the right side last seat of the bus. When the bus was coming near Pagalayur at about 11.45 a.m., on the East - West of Erode to Tiruppur main road from West to East, the driver of the bus was driving the bus in a very rash and negligent manner without minding the traffic rules with high speed and in a jerky manner from left to right and right to left, turned the bus at left side suddenly and caused the right side (back) body of the bus hit against a lorry coming in the opposite direction.

(iii) According to the appellant, as a result of the collision of right side bodies of both the vehicles, the appellant sustained fracture and crush injuries in right arm and shoulder and he also became unconscious. Immediately, the appellant was taken to the Erode Government Hospital and the Doctor in-charge of the hospital attended on the injured and performed surgery on the appellant and he took treatment in the hospital for about a month and also took treatment as an out-patient thereafter.

(iv) The appellant preferred a claim before the Motor Accident Claims Tribunal in MCOP.No.187 of 2008 seeking compensation of Rs. 2,00,000/- for the injuries sustained by him as a result of the accident.

(v) The Motor Accident Claims Tribunal, by its award dated 05.08.2010 in MCOP.No.187 of 2008 held that there is composite negligence on the part of the driver of the bus owned by the second respondent/ transport corporation as well as the driver of the lorry which was coming in the opposite direction.

(vi) Based on the said findings, the Tribunal directed the second respondent/ transport corporation to pay 50% of the total compensation amount of Rs. 70,000/- i.e., Rs. 35,000/- to the appellant. Since, the owner or insurer of the lorry was not impleaded as a party to the proceedings, no direction has been passed against them in the impugned award.

(vii) Aggrieved by the findings of the Tribunal under the impugned award dated 05.08.2010 passed in MCOP.No.187 of 2008, the instant appeal has been filed by the claimant to reverse the finding of the Tribunal and to fasten the entire liability on the second respondent/transport corporation and also for enhancement of compensation.

3. Heard, Mr. C. Kulanthaivel, learned Counsel for the Appellant and Ms. R.T. Sundari, learned Counsel for the second respondent. The first respondent, being the driver of the bus has remained ex-parte before the Tribunal as well as this Court.

4. According to the learned Counsel for the Appellant, the Tribunal ought to have held that the entire negligence is only on the side of the driver of the bus owned by the second respondent/ transport corporation. Further, he would contend that in a case of composite negligence, the appellant has got the right to proceed against any one of the joint tort-feasors and the tort-feasor who has paid the compensation amount to the claimant can recover the same from the other tort-feasor.

5. According to him, in the instant case, the Tribunal ough