The main legal point established in the judgment is the apportionment of negligence in a multi-vehicle accident and the determination of compensation based on the evidence presented.

JUDGMENT :

Common Prayer: These Civil Miscellaneous Appeals are filed under Section 173 of Motor Vehicles Act, 1988, against the common award dated 18.01.2016, made in M.C.O.P. Nos.851, 938, 949, 929 & 796 of 2013, on the file of the Special District Court, (Motor Accident Claims Tribunal), Krishnagiri.

1. These appeals have been filed by the appellant-Transport Corporation to set aside the common award dated 18.01.2016, made in M.C.O.P. Nos.851, 938, 949, 929 & 796 of 2013, on the file of the Special District Court, (Motor Accident Claims Tribunal), Krishnagiri.

2. All the appeals arise out of the same accident and common award. Hence, they are disposed of by this common judgment.

3. The appellant in all the appeals is the 1st respondent-Transport Corporation in M.C.O.P. Nos.851, 938, 949, 929 & 796 of 2013, on the file of the Special District Court, (Motor Accident Claims Tribunal), Krishnagiri. The respondents 1 to 4 in C.M.A.No.468 of 2021, respondents 1 to 6 in C.M.A.No.469 of 2021, respondents 1 to 6 in C.M.A.No.470 of 2021 and respondents 1 to 4 in C.M.A.Nos.471 and 472 of 2021 respectively filed the above said claim petitions, claiming a sum of Rs.30,00,000/-, Rs.25,00,000/-, Rs.25,00,000/-, Rs.25,00,000/- and Rs.35,00,000/- as compensation for the death of G.Raja, M.Krishnan, Balan, K.M.Sekar and K.Kasinathan respectively who died in the accident that took place on 14.02.2013.

4. The parties are referred to as per their rank in the claim petitions, for the sake of convenience.

5. According to the claimants in all the claim petitions, on the date of accident, the deceased M. Krishnan, Balan, K.M. Sekar and K. Kasinathan traveled in a Bus bearing Registration No.TN-29-N-2309 belonging to the 1st respondent-Transport Corporation along with other passengers from Krishnagiri to Hosur, which was driven by its driver in a rash and negligent manner. When the said TNSTC Bus was proceeding at Sappadi Erikarai, a SRS Private Bus bearing Registration No.TN-24-F-2377 belonging to the 2nd respondent coming behind the TNSTC Bus in a rash and negligent manner, hit behind the TNSTC Bus. Due to the said impact, the driver of the TNSTC Bus lost control and dashed on a Aavin Tanker Lorry bearing Registration No.TN-29-Z-3200 belonging to the 4th respondent and driven by one G. Raja in the opposite direction from Hosur towards Krishnagiri and caused the accident. Again the driver of the SRS Private Bus belonging to the 2nd respondent dashed against the TNSTC Bus and both the Buses capsized. The accident occurred due to rash and negligent driving by drivers of both the TNSTC Bus as well as the SRS Private Bus. In the accident, G. Raja, M. Krishnan, Balan, K.M. Sekar and K. Kasinathan sustained fatal injuries and thus, the claimants filed the above said claim petitions, claiming compensation against the 1st respondent as owner of TNSTC Bus, respondents 2 and 3 as owner and insurer of the SRS Private Bus and respondents 4 and 5 as owner and insurer of the Aavin Tanker Lorry respectively.

6. The 1st respondent-Transport Corporation filed separate counter statements and denied all the averments made by the claimants in the claim petitions. According to the 1st respondent, on the date of accident, the TNSTC Bus was plying between Krishnagiri and Bangalore cautiously with due care after following all the traffic rules on the left side of the road. The traffic was diverted to Hosur-Krishnagiri road, since the Krishnagiri-Hosur road was under renovation work. At about 13.45 hours, when the TNSTC Bus was proceeding near Sappadi, next to Shoolagiri at Erikarai stop, on seeing the rash and negligent driving by driver of the Aavin Tanker Lorry belonging to the 4th respondent which was proceeding towards Krishnagiri, the driver of the TNSTC Bus stopped the Bus on the left side of the road. The SRS Private Bus belonging to the 2nd respondent was coming behind the TNSTC Bus. As the traffic was diverted in single lane, all the vehicles passed slowly and cautiousl