GHANSHYAM AGARWAL Vs. PRADEEP

JUDGEMENT

(1.) This appeal is by the claimant. As against an exorbitant sum claimed, the tribunal awarded total sum of Rs.1,17,400/- payable in 50% contributory negligence by each tort-feasors i.e respondent No. 1 and 2 on the one hand and respondent No. 3 to 5 on the other. Claimant has placed reliance on a FullBench decision of this Court in the case of Smt. Sushila Bhadoria vs. M.P.S.R.T.C., 2005 1 MPLJ 372 on the point of apportionment of liability between joint tort-feasors.

(2.) At the stage of arguments before us, the only point pressed into service was to hold the Insurance Company liable for the entire amount of compensation and not 50% thereof as awarded. Since it was not seriously urged that the compensation awarded was inadequate, this point needs no further attention.

(3.) The case of appellant before the tribunal was that on 7-8-2001 while he was returning from a temple as pillion rider on a scooter, driven by Resp. 3 Sunil, enroute, the scooter met with an accident. There was collision with a motor-cycle driven by (Resp. No. 1) Pradeep and owned by (Resp. No. 2) Dilip. And for this accident said Sunil was entirely responsible. Admittedly, the registered owner of the scooter was the father of the claimant himself and he (father) being dead, his widow (Resp. No. 4) is impleaded (apparently in the fond hope that she would be held liable and her liability would be passed on to the Insurer (Resp.No.5) of the Scooter, (She seems to be mother of the appellant). There is no pleading that Sunil was driving the scooter in course of employment or, for and on behalf of the owner. Before the tribunal, the appellant did not plead nor was it proved that it was case of contributory negligence.