HEMENDRASINH MANSINH JADAV Vs. SANJAYBHAI GOVINDBHAI DABHI

JUDGEMENT

(1.) Heard learned advocate Mr.Shah for the appellant and learned advocates Ms.Rahevar as well as Ms.Dave for the concerned Respondent/s. Perused the record.

(2.) The appellant herein is original claimant in Motor Accident Claims Petition No.533/2001 before the Motor Accident Claims Tribunal (Aux.) of Rajkot. Such petition was preferred by the appellant claiming Rs.8,00,000.00 towards compensation for the injuries sustained by him in a vehicular accident which took place on 7.10.2000 between 2 vehicles being Metador No.GBQ-2257 and Truck No.GJ-11-T-9924.

(3.) It is undisputed fact that appellant - claimant being victim of the road accident was passenger in such Metador and he was not driving any of the vehicle and, therefore, by all means, this is the case of composite negligence between more than 1 tort feasor, herein 2 tort-feasors, drivers of both the vehicles under reference and, therefore, it is settled legal position that the claimant, being 3rd party to the incident and insurance of both vehicles, is entitled to recover full set of compensation from either of the tort feasors irrespective of their inter-se liability based upon percentage of negligence of both such tort feasors i.e. driver of both the vehicles.