The court affirmed the principle of shared liability in negligence cases, modifying compensation based on contributory negligence.

JUDGMENT :

G.K. ILANTHIRAIYAN, J.

This Civil Miscellaneous Appeal is directed as against the award passed in M.C.O.P.No.128 of 2019 dated 23.03.2023, on the file of the Motor Accident Claims Tribunal cum Additional District Court, Srivilliputhur.

2.The respondents 1 to 3 are the claimants. They filed a claim petition seeking compensation for the death of the wife of the first claimant, who was working as a Teacher at Thiru.V.KPrimary School, Srivilliputtur Town. According to them, on 24.03.2019 at about 03.15 p.m., the deceased, Thilagamatha, was travelling in a private bus bearing Registration No.TN-67-AM-9795, owned by the fourth respondent and insured with the appellant herein, on the Madurai to Srivilliputhur road near Poovani Vilaku. At that time, a two-wheeler bearing Registration No.TN-67-AK-1344 was ridden on the wrong side of the road. In order to avoid hitting the two-wheeler, the driver of fourth respondent's bus swerved the vehicle to the right side. Despite this, the bus hit the two-wheeler and then went into a pit. Due to the said impact, the deceased, who was travelling in the bus, was thrown out through the front door and sustained severe injuries. Due to which, she succumbed to the injuries. The rider of the two-wheeler also sustained grievous injuries and died.

3.Based on the complaint, the Inspector of Police, Srivilliputhur Town Police Station, Srivilliputhur, registered an F.I.R in Crime No.177 of 2019 for the offences punishable under Sections 279 , 337 and 304(A) of I.P.C against the driver of the fourth respondent's bus as well as rider of the two-wheeler. Hence, the respondents 1 to 3 filed a claim petition seeking compensation to the tune of Rs.70,00,000/-.

4.In support of the claim petition, PW1 to PW3 were examined on the side of the claimants and Exs.P1 to P19 were marked. On the side of the appellant and respondents 4 & 5, RW1 was examined and Ex.R.1 was marked.

5.On perusal of the oral and documentary evidence, the Tribunal concluded that the accident occurred due to the negligence of the fourth respondent's driver. The Tribunal further held that the appellant, being the insurer of the bus owned by the fourth respondent, is liable to pay compensation to the tune of Rs.1,00,33,720/-. Aggrieved by the same, the present Appeal has been filed by the Insurance Company.

6.The learned counsel appearing for the appellant submitted that as per the F.I.R, which was marked as Ex.P.1, the case was registered as against both the rider of the two-wheeler and the driver of the fourth respondent's bus. After completion of the investigation, the Investigating Officer filed a final report, which was marked as Ex.P.6. In the said report, both the driver of the fourth respondent's bus and the rider of the two-wheeler were charged for the offences punishable under Sections 279 , 337 and 304(A) of I.P.C. Since the rider of the two-wheeler died, all the charges as against him abated. The rough sketch which was marked as Ex.P.4, clearly shows that while the bus was being driven on the left side of the road, the rider of the two-wheeler approached from the opposite direction after crossing the centre line and riding on the wrong side of the road. Therefore, in order to avoid hitting the two-wheeler, the driver of the bus swerved the bus to the right hand side, as a result of which the bus fell into a small pit. Due to the said impact, the bus hit the two-wheeler and one of the passengers travelling in the bus fell down from the bus, to which she later succumbed. Therefore, as per the final report, negligence was attri