IMPORTANT POINT
The principle of composite negligence allows claimants to recover full compensation from any joint tortfeasor, irrespective of the individual negligence of each party involved in the accident.

JUDGMENT :

PRADEEP KUMAR SRIVASTAVA, J.

1. Heard learned counsel for the parties.

2. Present miscellaneous appeal is directed against the judgment/award dated 03.08.2017 passed by Sri Vishwa Nath Shukla, learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi in Motor Accident Claim Case No. 154 of 2011, whereby and whereunder the learned Tribunal has dismissed the claim case of the appellants.

Factual matrix

3. Factual matrix of the case giving rise to this appeal is that one Lalit Prasad boarded on tempo on 10.07.2006 bearing registration No. JH-01K-7297 and reached near the bridge near Pandra Bazar Samittee, meanwhile, an unknown truck being driven very rashly and negligently dashed against the said tempo, due to which the said Lalit Prasad sustained fatal injuries and declared dead at Ratu Hospital.

4. In connection with the said accident, F.I.R. was lodged vide Kotwali (Sukhdeo Nagar) P.S. Case No. 440 of 2016 dated 11.07.2006 against the driver of unknown truck for the offences under Sections 279, 337 & 304A of the I.P.C. Autopsy of the dead body was conducted at RIMS, Ranchi on 11.07.2006. After investigation of the above police case, final form was submitted stating therein that occurrence was found true, but offending vehicle truck cannot be traced out.

5. The appellants, being wife and son and minor daughter of the deceased had filed claim application under Section 166 of the Motor Vehicles Act for compensation to the tune of Rs. 3,00,000/- on account of death of deceased, Lalit Prasad arising out of use of vehicle in public place. The case of the claimants is that the deceased was aged about 45 years on the date of occurrence and was earning Rs. 4,000/- per month from his service and but to sudden death, the applicants have suffered mental shock and agony and deprived from their livelihood and companionship of husband and father respectively.

6. Opposite Party No. 1, Smt. Veena Devi, owner of the vehicle Tempo bearing registration no. JH-01K-7297 did not turn up inspite of due service of summons and the case was proceeded ex-parte vide order dated 11.02.2014.

7. Opposite Party No. 2, The New India Assurance Company Ltd., insurer of the vehicle Tempo bearing registration no. JH-01K-7297 filed its written statement stating inter alia that the alleged occurrence took place due to rash and negligent driving by unknown offending vehicle truck which dashed in the tempo, in which the deceased was travelling.

8. Admittedly, the said tempo was not being driven in rash and negligent manner, therefore, the claim case is not maintainable against the opposite party no. 2. It was also pleaded that exorbitant amount of compensation has been claimed without any basis, which is fit to be dismissed.

9. Learned Tribunal has settled following issues for adjudication of the matter in controversy :-

I. Whether the claim application as framed is maintainable ?

II. Whether the applicants have valid cause of action for the case ?

III. Whether death of the deceased namely, Lalit Prasad resulted to the alleged vehicular accident cause due to driving the vehicle Tempo bearing registration no. JH-01K-7297 ?

IV. Whether it is case of composite negligence and both the vehicles the Tempo registration No. JH-01K-7297 as well as unknown Truck involved in the accident have acted as joint Tort-Feasors ?

V. Whether the insured/owner of the vehicle Tempo registration No. JH-01K-7297 has violated any terms and conditions of the insurance policy ?

VI. Whether applicants are entitled for compensation as claimed, if yes, against whom and to what extent ?

VII. To what relief or reliefs, if any, the applicants are entitled to ?

10. In order to substantiate the above issues, the claimants have examined two witnesses A.W.-1, Sushma Sinha and A.W.-2 Aklesh Sinha and apart from oral testimony of the witnesses, following documentary evidence have been adduced