The main legal point established is the apportionment of negligence in motor accidents and the liability of the parties involved.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, to enhance the amount awarded in M.C.O.P.No.6738 of 2015 dated 05.04.2018 on the file of the Motor Accident Claims Tribunal (Chief Judge, Small Causes Court), Chennai.)

1. This Civil Miscellaneous Appeal has been preferred by the appellants herein against the Judgment and decree passed in M.C.O.P.No.6738 of 2015 dated 05.04.2018 on the file of the Motor Accident Claims Tribunal (Chief Judge, Court of Small Causes) Chennai, questioning the liability.

2. The claim petition was filed under Section 166 of Motor Vehicle Act for the death of one Selvaraj who died in a motor accident that occurred on 18.06.2015.

3. The Tribunal, after hearing the arguments on both sides and upon considering the oral and documentary evidence, calculated the total award amount as Rs.18,84,400/- by fixing 50% negligence on the part of the driver of the 1st respondent''s lorry and 50% liability on the part of the deceased and granted a sum of Rs.9,42,200/- to the appellants /claimants, with interest at 7.5% per annum from the date of numbering of the petition i.e. 26.08.2015 till the date of realisation.

4. The learned counsel appearing for the appellants would vehemently argue that the deceased who was the rider of the two wheeler, hit on the lorry which was parked without parking light and as the lorry was parked without any parking light, the 1st respondent is liable to pay the entire compensation. To strengthen his arguments, he relied upon the below said judgments;

(i) Oriental Insurance Co. Ltd. Vs. Chandra and others reported in 2013 (2) TN MAC 105 (DB) wherein, the deceased was travelling in a car along with his friends. The bus was proceeding in the same direction was stopped all of a sudden on Tar road. The car rammed into the bus. The deceased succumbed to injuries in the hospital. Based on the evidence of eyewitnesses, liability was passed on the driver of the bus. After analyzing both the witnesses, it was held that the tribunal rightly held that the bus driver was negligent and it was upheld by this Court.

(ii) Oriental Insurance Co. Ltd. Vs.V. Bhuvaneswari and others reported in 2019 (1) TN MAC 72 (DB) wherein, according to claimants, the deceased was driving a motorcycle bearing Regn.No.TN-07-AQ-8011 from Thiruvanmiyur to Thiruporur on the Rajiv Gandhi Salai, North to South direction near Fruit Garden Signal Semmanchery, dashed against a Van bearing Regn. No.TN-07-AY-7881, which was parked in the main road abetting 2nd and 3rd lanes, without any indicator lights and died instantaneously on account of the fatal injuries sustained by him. Resisting the claim, the insurance company filed a counter statement denying the manner of accident and all particulars. The tribunal passed an award fastening the liability on the van for an amount of Rs.21,51,208/-. This Court held that as to the contributory negligence in an appeal filed by the insurance company, there is no material to show that the parked van was having blinking lights and admittedly, the accident took place on the late evening hours of 20.04.2010 and therefore, the contention of the insurance company was rejected.

(iii) In Archit Saini and another Vs. Oriental Insurance Co. Ltd. and others reported in 2018 (1) TN MAC 544 (SC) wherein, the case of the claimants is that the deceased who was driving his car on highway during night hours at 10.30 p.m., dashed against Tanker Lorry parked on middled of the road without any parking light or indicator. Relying the evidence of eyewitness/P.W.7 that car struck against back of Tanker as the car driver could not spot parked Tanker in middle of road due to flash lights of oncoming vehicles. The Tribunal considering the Site Map/Ex.P.45 along with charge sheet filed against Tanker Lorry Driver, held that accident took place due to parking of offending vehicle/Tanker in middle of road in negligent manner.