The court established that contributory negligence exists when multiple parties share responsibility for an accident, allowing for proportional liability and compensation adjustments.

JUDGMENT :

1. Heard learned Counsel for the parties.

2. The First Appeal No.80/2015 has been instituted by the Oriental Insurance Company, and the owner of the vehicle no.KA-22-A-7022 (container truck) to question the Judgment and award dated 21.01.2015 (the impugned Judgment and award) in Claim Petition No.102/2010, instituted by Ms. Yvette Gomendes (Yvette) and Cressida Gomendes (Cressida), the widow and daughter of late Januarius Gomendes (Januarius), who died in a vehicular accident on 09.10.2009. This appeal questions the compensation awarded to Yvette and Cressida due to the death of Januarius.

3. The First Appeal No.160/2018 is instituted by Cholamandalam MS General Insurance Co. Ltd. The insurer of Tata Tipper truck bearing registration no. GA-08-U-2471 also involved in the same accident to question the above-impugned Judgment and award in Claim Petition No.102/2010 to the extent it imposes liability on it. This appeal also challenges the compensation awarded to Yvette and Cressida.

4. The First Appeal No.81/2015 is instituted by the Oriental Insurance Co. Ltd. and the owner of the container truck against the Judgment and award dated 21.01.2015 in Claim Petition No.101/2010 instituted by Yvette and Cresida claiming compensation on account of the death of Carlston Gomendes, son of Yvette and brother of Cresida in the above accident that took place on 09.10.2009.

5. The First Appeal No.67/2017 is instituted by Cholamandalam MS General Insurance Co. Ltd. to question the above-impugned Judgment and award in Claim Petition No.101/2010.

6. The First Appeal No.82/2015 is again instituted by Oriental Insurance Co. Ltd. and the owner of the container truck to question the Judgment and award dated 21.01.2015 in Claim Petition No.100/2010 instituted by Yvette and Cresida claiming compensation for damages to the Honda City car bearing registration no.GA-07-C-0996 involved in the above accident on 09.10.2009, in which Januarius and Carlston died.

7. The First Appeal No.4/2022 is instituted by the Cholamandalam MS General Insurance Co. Ltd. to question the above-impugned Judgment and award in Claim Petition No.100/2010.

8. The learned Counsel for the parties agreed that a common judgment and order could dispose of all these appeals. Therefore, since the appeals arise from claim petitions concerning the accident on 09.10.2009, it is only appropriate that all these appeals are heard and disposed of by a common judgment and order.

9. In the claim petitions instituted by Yvette and Cresida, it was their case that on 09.10.2009, Januarius was driving a Honda City car bearing registration no.GA-07-C-0996 on National Highway-17. His son Carlston was seated beside him in the car. When they crossed Manu's residence at about 7.20 a.m., a container truck that was proceeding ahead of them in a rash and negligent manner dashed against the Honda City car from behind, due to which the car was thrown on the eastern side of the road. The Tata tipper truck, which was going from the opposite side in a rash and negligent manner, collided with the Honda City car, thereby killing Januarius and Carlston. The claimants have alleged that the accident that resulted in Januarius and Carlston's death took place because of rashness and negligence of the drivers of the container truck and the Tata tipper truck and, therefore, they were entitled to compensation and damages.

10. The respondents to the claim petitions did not deny the factum of the accident but claimed that the accident took place due to rash and negligent driving of the Honda City car by Januarius. On the other hand, the driver/owner/insurer of the Tata tipper truck claimed that there was no negligence whatsoever on the part of the driver of the Tata tipper truck. In addition, several other defenses were raised, including the defense that the Tata tipper truck was never insured with Cholamandalam MS General Insurance Co. Ltd.

11. The Tribunal, in Claim Petition No.102/2020, awarded ₹ Yvette and Cresida compe