The court established that in cases of joint liability, the principle of contributory negligence applies, allowing for allocation of compensation based on percentage of fault by each party involved.

JUDGMENT :

R. POORNIMA, J.

1. This Civil Miscellaneous Appeal is preferred against the award made in MCOP No.125 of 2011, dated 26/04/2012 on the file of the Motor Accidents Claims Tribunal-cum-Subordinate Judge, Uthamapalayam.

2. The brief case of the claimant are as follows:-

On 24.09.2010 at about 08.15 a.m. the petitioner was travelling in the Mini Lorry bearing Registration No.TN-18-B-1990 which belonged to the 3^rd respondent. When the Mini Lorry was nearing Rajangam house, at that time, Mini Bus bearing Registration No.TN-67- Z-1521 belonged to the 1^st respondent, driven by its driver in a rash and negligent manner in the same direction and dashed against the back side of the Mini Lorry. Due to which, the petitioner sustained grievous injuries all over the body particularly on her both legs. Immediately, she was taken to Government Hospital, Uthamapalayam and thereafter, she was referred to Theni Ka.Na.Villakku Medical College and subsequently, she was referred to Madurai Government Rajaji Hospital, where she took treatment as inpatient between 24.09.2010 and 04.05.2011. Over the occurrence, a case in Crime No.449 of 2010 was registered by the Rayappanpatti Police Station, for the offences under Sections 279 and 337 IPC against the 1^st respondent Mini Lorry Driver.

3. At the time of accident, the petitioner was aged about 30 years and she was an agricultural coolie and earning Rs.7,700/- per month. Claiming compensation of Rs.10,00,000/- for the injuries sustained in the accident, she filed a claim petition before the Tribunal.

4. The second respondent, Oriental Insurance Company filed a counter denying the entire allegation contained in the claim petitions; at the time of accident, the mini bus was not having any valid permit and the driver of the mini bus does not possess a valid driving license. It is further submitted that the claimant was travelled in the mini lorry as an un-authorised or gratuitous passenger and so, it comes under the violation of policy condition.

5. The 4^th respondent Insurance Company also filed a counter affidavit stating that the accident took place due to the rash and negligent driving of the driver of the mini bus and at the time of the accident, the driver of the mini lorry does not possess any valid license. So, they are not liable to pay any compensation and prayed for dismissal of the claim petition.

6. Before the Tribunal, on the side of the claimant, 2 witnesses were examined as P.W.1 to P.W.2 and 5 documents were marked as Exs.P1 to P5. On the side of the Respondents, no oral or documentary evidence was adduced.

7. After considering the material evidence and records, the Tribunal has awarded compensation of Rs.2,30,840/- together with interest at the rate of 7.5% per annum and directed the second respondent Oriental Insurance Company to deposit the same within a period of 4 weeks before the Court and dismissed the claim petition as against the respondents 3 and 4.

8. Aggrieved over the order of the Tribunal, this Civil Miscellaneous Appeal has been preferred by the Appellant Insurance Company, disputing the manner of accident and their liability to pay the compensation.

9. This Court considered the rival submission of the learned counsel appearing on either side and perused the materials available on record.

10. On perusal of Ex.P1 shows that the date occurrence viz., on 24.09.2001 at about 8:15 p.m. the mini bus bearing Registration No.TN 62 Z 1521 and mini lorry bearing registration No.TN 18 B 1390, which was proceeded in front of the mini bus, were driven by both drivers in a rash and negligent manner in order