(1.) All the 4 appeals arise out of the common judgment passed by MACT (Aux), Viramgam, Ahmedabad on 21/3/2009 in MACP no.999/99 to 1006/99, challenge is against the judgment passed in MACP no.999/99, 1001/99, 1004/99 and 1005/99 which are challenged in First Appeals no.1776/10, 1777/10, 1778/10 and 1779/10 respectively.
(2.) Facts of the case regarding the accident can be laid down as under:-
(3.) Advocate Mr. Modi for the claimants referring to the judgment in the case of Khenyei Vs. New India Assurance Co. Ltd. and Ors., reported in (2015) 9 SCC 273 submitted that the Tribunal when has found contributory negligence of both the vehicles, then it ought not to have bifurcated the proportion as it would be the case for composite negligence and the claimants would be entitled to recover the amount from any of the tort feasor.