VIVEK PURI Vs. MAN MOHAN SINGH

JUDGEMENT

(1.) This Appellant impugns a judgment dated 17.12.1999 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs. 4,71,240/- was awarded in favour of the Appellant.

(2.) Mr. Navneet Goyal, learned counsel for the Appellant at the time of hearing of the Appeal, confines his challenge only to the extent that since it was a case of composite negligence on the part of the drivers of three buses bearing Nos.DEP 4579, DEP 82 & DEP 8757, the liability of the tortfeasors was joint and several and the Claimant had the right to recover the compensation from any of the tortfeasors. The Claims Tribunal dealt with the issue of negligence as under:-

(3.) Thus, although the negligence is apportioned in the ratio of 50:25:25 amongst the drivers of bus No. DEP 4579, DEP 82 and DEP 8757, since it was a case of composite negligence all the tortfeasors were jointly and severely liable to pay the compensation. I am fortified in this view by the T.O. Anthony v. Karvarnan & Ors., 2008 3 SCC 748, where it was held as under :-