The court reaffirmed that negligence in motor vehicle accidents is determined by preponderance of probabilities, and established that split multipliers for compensation calculations are erroneous.

JUDGMENT :

P.VADAMALAI, J.

PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, to set aside the fair and decreetal order dated 29.04.2016 made in M.C.O.P.No.200 of 2010 on the file of the Motor Vehicles Accident Claims Tribunal/V Additional District Judge, Madurai and allow this appeal.

PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, to set aside the fair and decreetal order dated 29.04.2016 made in M.C.O.P.No.197 of 2010 on the file of the Motor Vehicles Accident Claims Tribunal/V Additional District Judge, Madurai and allow this appeal.

PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, to set aside the fair and decreetal order dated 29.04.2016 made in M.C.O.P.No.201 of 2010 on the file of the Motor Vehicles Accident Claims Tribunal/V Additional District Judge, Madurai and allow this appeal.

PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, to set aside the fair and decreetal order dated 29.04.2016 made in M.C.O.P.No.389 of 2010 on the file of the Motor Vehicles Accident Claims Tribunal/V Additional District Judge, Madurai and allow this appeal.

PRAYER:- Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act 1988, to set aside the fair and decreetal order dated 29.04.2016 made in M.C.O.P.No.195 of 2010 on the file of the Motor Vehicles Accident Claims Tribunal/V Additional District Judge, Madurai and allow this appeal.

These Civil Miscellaneous Appeals in C.M.A(MD)Nos.932, 933, 321, 322 and 323 of 2017 are preferred against the common order, dated 29.04.2016 passed in M.C.O.P.Nos.195 of 2010, 200 of 2010, 197 of 2010, 201 of 2010 and 389 of 2010, by the Motor Accident Claims Tribunal/V Additional District Court, Madurai.

2. The 2nd respondent/Royal Sundaram Alliance Insurance Company Limited in M.C.O.P.Nos.195 of 2010, 200 of 2010, 197 of 2010, 201 of 2010 and 389 of 2010, which is the Insurance Company of the bus bearing registration No.TN 59 U 7725, which faced liability to pay compensation for five separate claims made by the claimants of a road accident that took place on 24.08.2008 at around 4.00 p.m. between the bus insured with the 2nd respondent and TATA Indica car bearing registration No.TN 59 AE 6318, is the appellant herein.

3. The respective respondent/petitioner/claimants (dependants of deceased and injured) have filed the respective claim petitions in M.C.O.P.Nos.195 of 2010, 200 of 2010, 197 of 2010, 201 of 2010 and 389 of 2010 against four respondents (owners of lorry and Maruti car and their Insurance Companies).

4. For the sake of convenience, the rank of parties as arrayed in claim petitions in M.C.O.P.Nos.195 of 2010, 200 of 2010, 197 of 2010, 201 of 2010 and 389 of 2010 are adopted hereunder.

5. The brief facts of the case :

On the fateful day 24.08.2008, the deceased Murugapandian @ Murugapandi was driving the TATA Indica car bearing registration number TN 59 AE 6318 from Theni to Madurai along with his friends deceased Balakrishnan and the injured Prabaharan, Sathyan and Thiruvenkatam, by following traffic rules at a moderate speed. At 4.00 p.m., when the car was coming west to east at curve road in front of Vadikaruppa Kovil, Vadikovilpatti village, the 1st respondent’s bus bearing registration number TN 59 U 7725 driven by its driver from the opposite direction in a rash and negligent manner without observing traffic rules, dashed against the TATA Indica car and the car was dragged from the left side to right side to a distance of 150 feet. Due to impact, the deceased/driver Murugapandi sustained multiple grievous injuries and died on the spot. The deceased Balakrishnan sustained multiple grievous injuries and died on the way to hospital. The injured Prabaharan, Sathyan and Thiruvenkatam sustained grievous injuries all over the body. F.I.R. was registered in Crime No.142 of 2008, U/s.279, 337, 338 and 304(A) of IPC, against the bus driver by the