2015 (10) TMI 2528

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....deceased filed a claim petition as against the driver, owner and insurer of Maruti Car No.DL4CC -5172 and driver of three-wheeler Tempo No.HRH-3572. The compensation of Rs. 12 lakhs was prayed on account of the death of Rishi Parkash in the accident dated 8.5.2003 caused due to the collision between Maruti car and tempo. Maruti car was driven by Rajinder Singh whereas the tempo was driven by Attar Singh, respondent No.4. Deceased Rishi Parkash was travelling in the tempo towards village Naina Tatarpur. As per the claimant Attar Singh was driving the tempo on his right side at a normal speed in due observance of the traffic rules. When he reached about 1.5 km. from Barwashni towards Gohana, Maruti car came from the opposite side and struck t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d upon mainly on the ground that as he has admitted that he was facing criminal trial. The Claims Tribunal found that Attar Singh driver of the tempo, was negligent, determined the quantum of compensation at Rs. 5,81,000/- with interest at the rate of 6% per annum from the date of filing application, liability to pay the same has been fastened upon Attar Singh. 7. Aggrieved thereby Attar Singh preferred appeal before the High Court. The High Court on the ground that in the claim petition the negligence of Attar Singh has not been pleaded and the claimants have relied upon the evidence of Ram Parshad PW2 and Devender PW3 to prove the negligence of the driver of the Maruti car; whereas Rajinder driver of the Maruti car had lodged the first....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....h the accident has taken place. Both the aforesaid witnesses have stated Maruti Car was in excessive speed. However, it appears driver of tempo also could not remove his vehicle from the way of Maruti Car. Thus, both the drivers were clearly negligent. It appears from the facts and circumstances that both the drivers were equally responsible for the accident. Thus, it was a case of composite negligence. Both the drivers were joint 'tort-feasors', thus, liable to make payment of compensation. 9. The law in the case of an accident arising out of composite negligence has been considered by a 3 Judges' bench of this Court in Khenyei v. New India Assurance Co. Ltd. & Ors. (AIR 2015 SC 2261) wherein following propositions have been laid down :....