VIBISH Vs. THE NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THE claimant in a petition for compensation before the Motor Accidents Claims Tribunal has come up in this appeal challenging the decision of the Tribunal.

(2.) THE claimant was a contractor. The accident took place on 30.7.2004. The claimant was aged 23 years at the time of accident. The accident occurred on account of the collision of two jeeps bearing Reg. Nos. KL.2/B -8586 and KL -10/E -3042. The claimant was travelling in the jeep bearing Reg. No. KL.2/B -8586. It is alleged in the claim petition that the accident occurred on account of the negligence of the driver of the jeep bearing Reg. No. KL -10/E -3042. The Tribunal found that the accident occurred on account of the negligence of the drivers of both the vehicles. In so far as the claimant had not impleaded the owner and driver of the jeep in which he was travelling, the Tribunal took the view that the claimant can be permitted to recover only one half of the compensation determined as due to him. The total compensation determined as due to him by the Tribunal is Rs. 19,630/ - and in the light of the said view, the Tribunal directed the insurer of the jeep bearing Reg. No. KL -10/E -3042 to pay to the claimant a sum of Rs. 9,815/ - alone. The claimant is aggrieved by the said decision of the Tribunal.

(3.) AS noticed above, the Tribunal found that the accident occurred on account of the negligence of the drivers of both the jeeps involved in the accident. As such, it is a case of composite negligence and the drivers of the vehicles involved in the accident are joint tort feasors. In Khenyei v. New India Assurance Co. Ltd and others : (2015(2) KLJ 593) the Apex Court held that in the case of composite negligence, the claimant is entitled to sue both the joint tort feasors or anyone of them and recover the entire compensation as liability of the joint tort feasors is joint and several. In the light of the said decision of the Apex Court, the finding of the Tribunal that the claimant is entitled to only one half of the compensation determined as due to him is unsustainable.