S.G. Shah, J.

1. Heard the learned advocate Mr. Hemal Shah for the appellant and learned advocates Ms. Karuna V. Rahevar as well as Ms. Sharmishta A. Dave for the concerned respondents. Perused the record.

2. The appellant herein is original claimant in Motor Accident Claim Petition No. 533 of 2001 before the Motor Accidents Claims Tribunal (Aux.) of Rajkot. Such petition was preferred by the appellant claiming Rs. 8,00,000 towards compensation for the injuries sustained by him in a vehicular accident which took place on 7.10.2000 between two vehicles being Matador No. GBQ 2257 and truck No. GJ 11-T 9924.

3. It is undisputed fact that appellant-claimant being victim of the road accident was passenger in such Matador and he was not driving any of the vehicles and, therefore, by all means, this is the case of composite negligence between more than one tortfeasor, herein two tortfeasors, drivers of both the vehicles under reference and, therefore, it is settled legal position that the claimant, being third party to the incident and insurance companies of both vehicles, is entitled to recover full amount of compensation from either of the tortfeasors irrespective of their inter