TUSHAR GOEL Vs. MUKESH KUMAR

JUDGEMENT

(1.) THESE two Appeals are for enhancement of compensation awarded in favour of Appellant Tushar Goel (MAC. APP. No.46/2009) and Appellant Shefali Goel (MAC. APP. No.65/2009) of RS.7,000/- and RS.50,000/- respectively for having suffered injuries in an accident which occurred on 01.06.2002.

(2.) THE Motor Accident Claims Tribunal (the Claims Tribunal) by an impugned judgment found that there was contributory negligence on the part of Rakesh Goel, driver of the Car No.DL7C-A-2877 and the Respondent No.1 driver of Car No.HR 02-H-9912 in the ratio of 50:50. Hence, while awarding a compensation of RS.7,000/- in favour of the Appellant Tushar Goel and RS.50,000/- in favour of the Appellant Shefali Goel, the Respondents were held liable to pay only 50% of the compensation.

(3.) THUS, it is a case of composite negligence and the claimant could have proceeded against either of the tortfeasors.