NARINDERPAL SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) GOKAL CHAND MITAL, J. : - Whether the Motor Accidents Claims Tribunal, (for short 'the Tribunal'), has the jurisdiction to determine the percentage of liability, in other words to apportion the liability of the tortfeasors inter se when in law their liability towards the claimants is joint and several, is the question posed in this appeal. The Motion Bench while admitting the appeal had entertained doubts on the correctness of the decision of M.M. Punchhi, J. in Mukhtiar Singh v. Smt. Krishna Gulati, 1986 (1) 89 Pun LR 600 and thus had ordered the appeal to the heard by a Division Bench. This is how this appeal is before us. Before we proceed to consider the law point, it would be necessary to state the brief facts.

(2.) On 24-7-1984 Narinderpal Singh claimant along with his brother Surinderpal Singh was travelling by Bus No. PUR 4401 owned by the Punjab Roadways. He was occupying the seat on the right side of the bus near the glass window. At about 6.45 p.m. when the bus reached near village Sarhana on Morinda Chamkaur Sahib road, a truck No. PUR 5985 coming from Morinda side collided against the bus. The truck was being driven by Hazara Singh respondent 5 and the bus by Prem Singh respondent 3. According to the allegations made by the claimant the accident was the result of rash and negligent driving by both the drivers. The claimant's right arm got crushed in the accident. He remained under treatment as an indoor patient from 25-7-1984 to 28-8-1984 and because of the injury his arm had to be amputated which rendered him disabled permanently.

(3.) The appellant filed claim application against both the drivers, owners of the bus and truck and since the truck was insured with the New India Assurance Company, it was also impleaded as one of the respondents.