STATE OF HARYANA Vs. PARBATI

JUDGEMENT

(1.) This appeal is directed against the award dated 19.12.1998, passed by the Motor Accident Claims Tribunal, Panipat.

(2.) The present appeal had been filed by the State of Haryana as it is disputing its liability. The Tribunal had found composite negligence of drivers of both the vehicles but did not apportion the amount. The co-ordinate Bench had noted that in case of composite negligence, the entitlement to recover the whole amount from anyone of the tortfeasors for the benefit of the claimants was well established and the claimants could recover the amount from any of the respondents. Noticing this position of law, notice was issued only to respondents No. 5 to 7.

(3.) The claimants were going in a bus owned by the Haryana Roadways. A jeep was coming from the opposite direction. The jeep driver was in the process of overtaking a scooter when the accident occurred. The claimants had stated that the bus was being driven at a high speed and they had asked the driver to slow down. The Tribunal noted that the bus was at a high speed and therefore, it turned turtle after the accident. The passengers fell out of the bus and were crushed under it. Both the drivers were held to be rash and negligent. The Tribunal failed to apportion the liability though held both the drivers responsible.