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Head Note

Motor Vehicles Act,1988  - Section 173

Motor accident - Third party claim - Jeep owned by respondent No. 1 and driven by respondent no. 2 met with an accident with a truck - Tribunal of the view that truck alone was responsible for accident and in absence of driver/owner or insurer of said vehicle, no compensation can be awarded - On appeal High Court held both the vehicles responsible, the liability of driver/owner of truck at 70% and that of driver/owner of jeep at 30% - Challenge - Neither the driver/owner not the insurer has filed any appeal or Cross-objection against impugned findings of High Court that both vehicles were responsible for the accident - Therefore, High Court held erroneous in apportioning the liability for accident between drivers/owners of the two vehicles - Directions issued - Appeal allowed.

Topic(s)-MACT – Third party claim