SAROJ TRIPATHI Vs. DINESH GUPTA

JUDGEMENT

(1.) THIS judgment shall govern the disposal of all above mentioned the connected three appeals (MA No. 138/00, MA No. 140/00 & MA No. 194/00) and cross-objections filed in MA No. 140/00 by the claimants, as all the appeals arise out of the common award passed by Vlth Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No. 48/92 and 58/92.

(2.) CLAIMANTS as well as Insurance Company both have filed aforesaid appeals under section 173 of the Motor Vehicles Act.

(3.) WE have heard all the three aforesaid appeals together as well as the cross-objections. Shri B.N. Malhotra, learned counsel appearing for the respondent-Insurance Company submitted that the finding of the contributory negligence is not legal. In this case the accident took place because of rash and negligent driving of the truck driver who hit and ran away. Since the owner of the jeep was carrying passengers therefore, the liability of the passengers is not covered under the policy and the Insurance Company is not liable for the payment of compensation. More so, the Tribunal has not awarded any liberty to the Insurance Company in recovering the amount awarded by the Tribunal to the extent of 50% from the owner of the jeep and 50% from the owner of the truck. The Tribunal has found that it is a case of composite negligence. The driver of the truck as well as driver of jeep both were equally liable for the accident. He has submitted for both the vehicles though both the drivers of the vehicles were held liable for the accident but considering to question of composite negligence, as the amount is recoverable from either of the Insurance Company, the Tribunal has passed the award against the Insurance Company of the Jeep.