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Head Note

Motor Vehicles Act,1988  - Section 173

Compensation - Composite Negligence - Maruti car had dashed the tempo on the middle portion near footstep - Thus the method and manner in which the accident has taken place leaves no room for doubt that both the drivers were negligent - No effort has been made by the High Court to appreciate the evidence and method and manner in which the accident has taken place - Both eyewitnessses have stated Maruti Car was in excessive speed - However, it appears driver of tempo also could not remove his vehicle from the way of Maruti Car - Thus, both the drivers were clearly negligent - It was a case of composite negligence -Both the drivers were joint 'tort-feasors', thus, liable to make payment of compensation - Amount determined/awarded by the Claims Tribunal was Rs.5,81,000/- along with 6 per cent interest from the date of filing of the petition till the date of realization of the amount upheld as no appeal for its enhancement was filed before the High Court by the claimants.

Topic(s)-Compensation - Composite Negligence - Dismissal of claim set aside