KAMAL KUMAR SHARMA Vs. KISTOOR CHAND AND ORS.

JUDGEMENT

(1.) Appellant has filed this appeal, challenging the award dated 16.10.2007 passed by the Motor Accident Claim Tribunal, whereby, claim petition filed by the appellant was dismissed.

(2.) Learned counsel for the appellant has submitted that in-fact, it was a case of composite negligence. Both the driver of the jeep as well as the driver of the bus were negligent and had caused the accident. Hence, the entire compensation could be awarded against the sole impleaded tortfeasors. In support of his arguments, learned counsel has placed reliance on the judgment of the Hon'ble Supreme Court in Khenyei v. New India Assurance Company Limited and Others (2015) 9 Supreme Court Cases 273 and the judgment of this Court in Rajasthan State Road Transport Corporation and Another v. Ghanshyam and Another in S.B. Civil Miscellaneous Appeal No.2175/2005 decided on 19.10.2005 .

(3.) Learned counsel for respondents on the other hand, have opposed the appeal.