In cases of composite negligence, liability cannot be apportioned, and the joint tort-feasors are jointly and severally liable.

( 1 ) IN these two appeals the Madhya pradesh State Roadways Corporation (here-in-after refemed to as 'corporation') and its Depot Manager call in question the warrantableness of the awards passed by the First M. A. C. T. , Bilaspur at Camp Korba in C. T. No. 56/88 and 58/88 granting compensation in favour of respondents/claimants No. 1 and 2 in M. A. No. 558/96 and respondents/claimants Nos. 1 to 3 in M. A. No. 559/96 respectively. As the claims have arisen from the same accident and the appeals are interlinked and interconnected, findings being common in respect of some common major issues they are disposed of by this common judgment which will govern both the cases.

( 2 ) THE respondent No. 1 and 2 in M. A. No. 558/96 filed an application for grant of compensation against the Corporation, its representative and the driver and also against respondent No. 4, the owner of the Motorcycle which had collided with Bus No. MPE-2583 belonging to the Corporation driven by respondent No. 3 alleging that on 9-9-88 at about 11. 30 p. m. while Mond. Riyaz, a child of four years was going with his uncle Mohd. Matin and Mohd. Lukman on the Motorcycle owned by respondent No. 4, the accident took place as a result, Mohd. Riyaz and Mohd. Matin sustained injuries and ultimately succumbed to the same. The claim of the claimants was resisted by the Corporation contending, inter-alia, that the Bus was being driven in moderate speed but the Motorcycle was carrying three persons and was in high speed, and due to the rash and negligent driving of the rider, the Motorcycle dashed against the Bus and the fatal accident occurred. It was also pleaded that the person driving the same by violating traffic rules. With these assertions the Corporation denied the liability. The respondent No. 4, the owner of the Motorcycle, filed an independent written statement refuting the claim and praying for absolution.

( 3 ) AS far as M. A. No. 559/96 is concerned the claimants, the legal heirs of Abdul Matin have claimed compensation as the accident had occurred due to rash and negligent driving of the driver of the Bus. The Corporation filed written statement refuting the claim of the claimants. Similar written statement was also filed by the owner of the Motorcycle denying the liability.

( 4 ) THE Tribunal on consideration of the materials came to hold that the rider of the Motorcycle was driving in high speed and the driver of the Bus was also very rash and negligent. The Tribunal weighing various aspects arrived at the conclusion that the legal heirs of Riyaz were entitled to get compensation of Rs. . 1,52,000/and the legal representatives of Abdul Matin were entitled to receive Rs. 223000/ -. However, the Tribunal equally apportioned the liability on the Corporation and on the owner of the Motorcycle on the basis of their negligence.

( 5 ) MR. A. G. Dhande, learned counsel for the appellants assailing the Award has strenuously urged that there was contributory negligence by the deceased persons and, therefore, the Corporation should not have been saddled with the liability. He has also canvassed that the finding of the Tribunal is, in fact, contributory negligence on the part of both the drivers though he has proceeded on the assumption of composite negligence. The counsel has vehemently criticised the method of calculation adopted by the Tribunal in respect of both the deceased persons on the ground that they are based on no norms and are alien to the basic concept of computation.

( 6 ) DR. N. K. Shukla, learned counsel appearing for the respondents in both the appeals supporting the award has put forth that the question of contributory negligence is not attracted in a case of child of four years, the deceased in M. A. No. 558/96 and as far as Mohd. Matin, the deceased in M. A. No. 559/96 is concerned, he was not at the wheel and, therefore, he cannot be held responsible for contributory negligence. It is further submitted by him that as the Trib