NEW INDIA ASSURANCE CO LTD Vs. ARUN KUMAR

JUDGEMENT

(1.) This order shall also govern the disposal of following appeals, viz., C.R. No. 1220 of 1999 and M.A. Nos. 90, 92, 100 to 109 of 2000 details of which are given in Annexure 'A' appended to this order, (omitted) as all of them arise out of the common award whereby various claim petitions were disposed of by the learned First Additional Motor Accidents Claims Tribunal, Barwani.

(2.) Various petitions arose out of a road accident between two motor vehicles, viz., a school bus bearing registration No. MKT 7094 and truck bearing registration No. DL 1-G 8664. The accident took place on 5.1.1994 on A.B. Road near village Segwal Phata. It is not disputed before us that at the time of accident, the truck which was owned by Kuldeep Singh, respondent No. 3 herein, was being driven by Gurdayal Singh, respondent No. 4 herein. The school bus was being driven by respondent No. 5 herein, Bhuwaniram and it was owned by Kusum Patidar. On account of the aforesaid accident, 5 persons lost their lives and others sustained personal injuries. In all 14 claim cases were filed and the learned Claims Tribunal after recording the evidence found that both drivers, of the truck as well as the school bus, were responsible for causing accident. The learned Tribunal awarded compensation to the claimants.

(3.) Present bunch of appeals have been filed by the insurance company and the only question which has been raised at the time of hearing of these appeals is with regard to apportionment of liability between the two drivers of the offending vehicles. According to Mr. Dandwate, learned counsel for appellant, it was case of head-on collision which took place in the middle of the road and, therefore, both drivers should be held equally responsible for causing the accident. At the time of arguments, Mr. Dandwate candidly submitted that it is not a case of 'contributory negligence' but a 'composite negligence' of both drivers. So far as claimants are concerned, he submitted that even though appellant insurance company might have or may have to pay the entire amount of compensation to the victims, but in view of the apportionment, appellant insurance company may be able to recover the amount from the owner/driver of the school bus to the extent of apportionment.