In cases of composite negligence, the injured party can hold both wrongdoers jointly and severally liable, and a joint tortfeasor may be a proper party but not a necessary party in a claim petition under the Motor Vehicles Act.

1. - This appeal is directed against the Award dated the 28th September, 1981, of the Motor Accidents Claims Tribunal, Kota, awarding Rs. 25,000/- as compensation in favour of the claimant Mohanlal, though it was claimed of Rs. 2,00,000/-. In relation to the accident which took place on 22th April, 1975, at about 10.30 a.m. on the main road of Ghantaghar, Kota-Police Line (Baran road) at a small distance of main gate of Regional Transport Authority Office involving truck No: RJR 3422 owned by Smt. Balwant Kaur, the respondent No. 1 and driver by Ranjit Singh, the respondent No. 2 and insured with the Oriental Fire and General Insurance Company, Branch office, Kota, the respondent No. 3 and motor cycle No. RRR 2438 owned and driven by the deceased Babu Lal, behind whom Mohan Lal, the appellant-claimant was sitting on the motor cycle.

2. The accident took place when Babulal and Mohanlal who were going from the R.T.O. office towards Ghantaghar crossing with the intention of going to the city, while turning their motor cycle at the exit gate of the R.T.O. office, found the truck No. 3422 coming from the opposite direction with an excessive speed, driven rashly and negligently by Ranjit Singh and, the said truck struck and dashed against the motor cycle taking sudden turn towards left side in which direction the motor cycle had already taken a long turn in order to save from being run over by the truck. On account of this the truck dashed against the front bumper of the motor cycle and Babulal and Mohanlal came beneath the truck and, were dragged by the truck upto a distance of 25 feet. Babulal died on account of this accident and the appellant sustained fractures and injuries for which he had to remain admitted in Kota hospital from 25th April, 1979 to 5th May, 1979 and in Bombay hospital for treatment from 7th May, 1979 to 22nd July 1979. At Bombay hospital the operation of the fractures of the appellant was done and skin grafting of his left leg was carried out from where he was discharged on 22nd July, 1979 but, on 23rd July, 1979 he had to remain admitted in Indore hospital and confined to bed thereafter on account of liability to move about.

3. Two claim petitions, being No. 87/79 by the appellant Mohanlal and No. 88/79 by the dependants of the deceased Babulal, were filed against the truck owner and driver so also against the Insurer of the truck, before the Motor accident claims Tribunal, Kota.

4. Here, Mohanlal, the claimant in claim petition No. 87/79 has preferred appeal before this court being aggrieved from the finding of the Tribunal regarding the appointment of the liability on account of the contributory negligence of Babulal and consequent deduction of compensation from Rs. 50,000/- to Rs. 25,000/-. The appellant has also claimed that even otherwise the amount of compensation is too inadequate.

5. Shri K.K. Mehrish, the learned Counsel, who has appeared as behalf of the appellant has submitted that, firstly, there was no contributory negligence of the appellant, Mohanlal. The negligence alleged to be of Babulal is also not proved and he was driving the motor cycle and as per the finding of the Tribunal, itself, he took a long turn and the truck was being driven on the wrong side.

6. Shri Mehrish relied upon the decisions in Devki Devi Tiwari v. Raghunath Sahai Chatrath, 1978 ACJ 169 and Nathalal Chhaganlal v. Kolikarsam Lavji, 1979 ACJ 212 in support of the above contention.

7. It was then argued by Shri Mehrish that even on the assumption and in the alternative if the composite negligence of Babulal is proved then also, so far as the appellant Mohanlal is concerned, he has got legal right to recover the compensation and damages from either of the joint tort-feasors. In support of this contention, Shri Mehrish relied upon the Judgment of this court in United India Fire and General Ins. Co. v. Sayar Kanwar, 1976 ACJ 426 and another Judgment of Allahabad High Court in Devki Devi Tiwari v. Raghu Nath (Supra