In cases of composite negligence, the claimant is entitled to file a claim against both or any one of the joint Tort-feasors and can recover the entire compensation as the liability of joint Tort-feasors is joint and several.

R. Subramanian, J.

These appeals have been filed challenging the award of the Motor Accident Claims Tribunal (I Additional District and Sessions court) Vellore dated 17.02.2017 made in M.C.O.P. No. 271 of 2012. While the appeal in C.M.A.No.1801 of 2017 was filed by the Insurance Company challenging the award on the ground of liability as well as the quantum. CMA.No.697 of 2018 has been filed by the claimants seeking enhancement.

2. The case of claimants before the Claims Tribunal was as follows:-

On 22.05.2012 at about 5:15 PM the deceased was travelling as a passenger in the car bearing Registration No.TN-23-BA-0690 which was driven by the 1st respondent C.P. Prabakaran in a rash and negligent manner hit against the partition wall of the main road and turned turtle. As a result of the accident, the deceased Ranganathan suffered grievous injuries and succumbed to the said injuries. It is also contended that the 1st respondent namely, C.P. Prabhakaran who had driven the car taking advantage of the fact that he suffered only simple injuries gave a false complaint to the police and attempted to escape from the criminal charges.

3. The 1st claimant gave a detailed complaint to the police subsequently, narrating the actual events. The claimant contended that the deceased was working as an Assistant Executive Engineer in the Tamil Nadu Electricity Board drawing a salary of Rs. 60,000/- per month and the sudden death has caused a great pecuniary loss to the family. The 1st claimant, wife, and the claimants 2 and 3, minor children of the deceased have also lost consortium and love and affection. On the above contentions, the claimants sought for a compensation of Rs. 1,68,00,000/-.

4. The claim petition was resisted by the Insurance Company contending that the driver, vehicle bearing registration No.TN-22-BA-0690 was not responsible for the accident. The Insurance Company contended that as per the First Information Report recorded by the Vellore police in Crime No. 475 of 2012 a unidentified lorry hit against the car and therefore, it is a case of hit and run by an unidentified lorry. It was also pointed out that the police had filed an untraceable report regarding the lorry.

5. On the quantum of compensation claimed, the Tribunal on a consideration of the evidence on record concluded that the accident occurred due to the collision between the unidentified tipper lorry and the car in which the deceased was travelling. Therefore, the Tribunal concluded that both the car driver and the driver of the tipper lorry had contributed to the accident equally. It fixed the Contributory negligence on the part of the car driver at 50%.

6. On the quantum, the Tribunal took note of the salary certificate produced and assessed the income of the deceased at Rs. 62,516/- per month. The Tribunal added 30% towards future prospects after deducting income tax of Rs. 82,441/-, the Tribunal arrived at the annual income at Rs. 8.68,076/-. The Tribunal deducted 1/4th towards personal expenses of the deceased and the annual loss of dependency was fixed at Rs. 6,51,075/-. Considering the age of the deceased at 46 years, the Tribunal applied multiplier of 13' and calculated the total loss of dependency at Rs. 84,63,975/-. The Tribunal also awarded a sum of Rs. 1,00,000/- towards loss of consortium and Rs. 2,00,000/- towards loss of love and affection. The Tribunal awarded Rs. 25,000/- towards funeral expenses, Rs. 5,000/- towards transport expenses and Rs. 2,000/- towards damages to cloths and other articles. In all, the Tribunal arrived at the total compensation of Rs. 87,95,975/-, it was rounded off to Rs. 87,96,000/-. Inasmuch as the Tribunal has held that the car driver was responsible for the accident only to an extent of 50%. The Tribunal held that the Insurance Company is liable only to a sum of Rs. 43,98,000/- being 50% of the total compensation