The 2nd respondent-Insurer of the Lorry bearing No.AP 07 T 3708 including the employer of the driver of the lorry and Insurer of the jeep in both the claim petitions viz; O.P.No.438 and 439 of 2004, on the file of the learned Chairman of the Motor Accidents Claims Tribunal–cum-V Addl. District & Sessions Judge, Tirupati at Chittoor ( for short, ‘Tribunal’) , filed u/ s. 166 of the Motor Vehicle Act,1988 (for short, ‘the Act’) , filed by the sole claimant no other than the mother of the two respective deceased persons who is owner of the jeep bearing No.AP 3 V 5668 for a claim in MVOP No.439 of 2004 of Rs.6,00,000/ - and in MVOP No.438 of 2004 of 9,90,000/ - respectively, for the death caused by the rash and negligent driving of the driver of the crime lorry belongs to the claim petition 1st respondent insured with the claim petition 2nd respondent, from the contest held that the accident was the result of the rash and negligent driving of the driver of the jeep no other than one of the deceased persons (one was driving and the other was traveling) but for no fault of the driver of the lorry and held that both the vehicles while proceeding in opposite direction equally contributed to the accident and from their composite negligence apportioned liability among the respective owners and Insurers of 50% each so far as the claim is concerned, awarded compensation of Rs.1,56,000/ - in each claim petition with interest at 7.5% p.a. vide common award dated 29.09.2007; by impugning the said liability as unsustainable for no fault of the driver of the lorry from the evidence on record, preferred the present appeals.
