The judgment established the principle that the negligence of the bus driver contributed to the accident, clarifying the difference between contributory negligence and composite negligence, and emphasizing the need for evidence to establish negligence.

JUDGMENT :

(Prayer in C.M.A.No.1296 of 2016: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act against the Decree and Judgment in M.C.O.P.No.242 of 2013, dated 07.12.2015, on the file of the Motor Accidents Claims Tribunal, Additional District Court No.3, Dharapuram, Tiruppur District.

C.M.A.No.1297 of 2016: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act against the Decree and Judgment in M.C.O.P.No.244 of 2013, dated 07.12.2015, on the file of the Motor Accidents Claims Tribunal, Additional District Court No.3, Dharapuram, Tiruppur District.)

(The case has been heard through video conference)

1. These two Appeals are preferred by the Insurance Company challenging the award passed by the Tribunal on the ground that they are not liable to compensate.

2. The brief facts leading to these appeals are as below:-

On 08.07.2012, at about 7.00 pm one Sengaliappan, with three others on the pillion was riding the motor cycle bearing registration No.TN-66/B-3954 on Coimbatore to Siruvani main Road. Near Sethalaxmi nagar Perur, he tried to over take the bus bearing registration No.TN-38/U-5569. He could not successfully negotiate since an auto bearing registration No.TN-37/BL-9331, was coming from the opposite direction in close proximity. Hence, he dashed the auto. The auto got capsized, Sengaliappan and his three companions on the pillion were throw off from the motorcycle, dashed against the bus and died.

3. A criminal complaint was lodged at Perur Police station in Crime No.162 of 2012 by one Vinoth Kumar, the driver of the capsulized auto. He was examined as P.W.3 in the claim petitions tried jointly.

4. In M.C.O.P.No.242 of 2013, Thiru.S.Ganesan and Tmt.G.Indirani, who are the parents of the deceased Aravindasamy, aged about 17 years, claimed Rs.15,00,000/- as compensation and in M.C.O.P.No.244 of 2013, N.Vivekanadhan and Santhi, the parents of V.Jayabharath, aged 19 years claimed Rs.20,00,000/- as compensation.

5. The Insurance company in the counter has contended that the accident as narrated in the claim petition is not correct. On the fateful day, Sengaliappan in the motorcycle bearing registration No.TN-66/B-3954 carrying three others namely Aravindsamy, Jayabharath and another on the pillion. He drove the vehicle rash and negligently. When he tried to over take the bus bearing registration No.TN-38-U-5969 without noticing the oncoming auto bearing registration No.TN-37-BL-9331 from the opposite direction towards him. He dashed that auto and thrown on the road. The rider of the two wheeler Sengaliappan, had no driving license, at the time of accident. Four persons including the rider of the motorcycle travelling in the motorcycle, which permits only two persons is violation of R.C and Motor Vehicles Act. Further, the claim petition is bad and not maintainable for non-joinder of necessary parties, such as the driver, owner and insurer of the auto and the owner and insurer of the motorcycle. The quantum of compensation claimed also been questioned as excessive in the counter.

6. The Tribunal, on considering the contend of the F.I.R and the deposition of the informant who was examined as P.W.3 held that, the accident occurred due to the negligence of the bus driver. Therefore, the insurer of the bus held liable to pay a sum of Rs.6,80,000/-, for the claimant in M.C.O.P.No.242 of 2013 and Rs.7,86,000/- for the claimant in M.C.O.P.No.244 of 2013.

7. In these appeals, against the award of the Tribunal, the Learned Counsel appearing for the appellant/insurer would submit that the award of the Tribunal is erroneous and liable to be set-aside for not properly appreciating the evidence placed before it, which clearly prove that accident occurred due to the recklessness on the part of the victims. They travelled in a motorcycle driven by a person without license and contrary to motor vehi