TMI Blog2015 (10) TMI 2528X X X X Extracts X X X X X X X X Extracts X X X X ..... . It appears both the drivers have tried to save their liability. In such circumstances, the version of eyewitnesses, PW.2 and PW.3 assumes significance. The fact remains that 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. Man may lie but the circumstances do not is the cardinal principle of evaluation of evidence. 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 the aforesaid witnesses have stated Maruti Car was in excessive speed. However, it appears driver of tempo also could not remove his vehicle from the way o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee minor sons and mother of the deceased filed a claim petition as against the driver, owner and insurer of Maruti Car No.DL4CC -5172 and driver of three-wheeler Tempo No.HRH-3572. The compensation of ₹ 12 lakhs was prayed on account of the death of Rishi Parkash in the accident dated 8.5.2003 caused due to the collision between Maruti car and tempo. Maruti car was driven by Rajinder Singh whereas the tempo was driven by Attar Singh, respondent No.4. Deceased Rishi Parkash was travelling in the tempo towards village Naina Tatarpur. As per the claimant Attar Singh was driving the tempo on his right side at a normal speed in due observance of the traffic rules. When he reached about 1.5 km. from Barwashni towards Gohana, Maruti car came ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elf and his statement has not been relied upon mainly on the ground that as he has admitted that he was facing criminal trial. The Claims Tribunal found that Attar Singh driver of the tempo, was negligent, determined the quantum of compensation at ₹ 5,81,000/- with interest at the rate of 6% per annum from the date of filing application, liability to pay the same has been fastened upon Attar Singh. 7. Aggrieved thereby Attar Singh preferred appeal before the High Court. The High Court on the ground that in the claim petition the negligence of Attar Singh has not been pleaded and the claimants have relied upon the evidence of Ram Parshad PW2 and Devender PW3 to prove the negligence of the driver of the Maruti car; whereas Rajinder d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evidence and method and manner in which the accident has taken place. Both the aforesaid witnesses 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 appears from the facts and circumstances that both the drivers were equally responsible for the accident. Thus, it was a case of composite negligence. Both the drivers were joint tort-feasors , thus, liable to make payment of compensation. 9. The law in the case of an accident arising out of composite negligence has been considered by a 3 Judges bench of this Court in Khenyei v. New India Assurance Co. Ltd. Ors. (AIR 2015 SC 2261) wherein follo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oint tort feasor in independent proceedings after passing of the decree or award. 10. In view of the aforesaid, the amount determined/awarded by the Claims Tribunal was ₹ 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 is upheld as no appeal for its enhancement was filed before the High Court by the claimants. It would be open to the claimants to recover the entire amount from any of the respondents, that is from owner, driver and insurer of the Maruti car or respondent No.4, driver of the tempo as their liability is joint and several with respect to claimants. It would be open to the respondents to settle their inter se liability as per the aforesaid dec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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