The main legal point established in the judgment is the joint and several liability of joint tortfeasors in cases of composite negligence and the immateriality of the extent of negligence for the satisfaction of the claimant's claim.

ARCHANA PURI, J.

1. These are two revision petitions filed by the petitioner-Karamjit Singh to assail the orders dated 31.10.2015 and 17.01.2018 passed by learned Executing Court.

2. The essential facts, as noticed from the paperbook are that, initially, petitioner Karamjit Singh had filed claim petition against Rajiv Grover, in the capacity of being driver-cum-owner of Innova Car bearing registration No.PB-65E-0377 and Harwinder Singh, in the capacity of being driver of bus bearing registration No.PB-08BF-6351. Besides the same, M/s Onkar Bus Service Limited, who was owner of the aforesaid offending bus was also impleaded as respondent No.3 and insurer of the offending bus i.e. National Insurance Company Limited was impleaded as respondent No.4.

3. After adducing of the evidence, the claim petition, as such, was allowed and compensation was granted to the present petitioner (who was claimant before learned Tribunal). The relief clause of the Award dated 11.08.2014 reads as herein given:-

“In view of my above discussion, the petition is allowed with costs for grant of compensation to the tune of Rs.3,13,804/- along with interest at the rate of 6% P.A from the date of filing the petition till realization of the compensation amount. All the respondents are held liable to pay compensation jointly as well as severally. Counsel's fee is assessed to be Rs.1000/-. Memo of costs be prepared and file be consigned to the record room.”

4. Also, it should be noticed that qua issue of accident having taken place due to rash and negligent driving of the Innova car, driven by respondent No.1-Rajiv Grover and that of bus, driven by respondent No.2- Harwinder Singh, learned Tribunal had reached the conclusion that the injuries were sustained, due to contributory negligence of respondent No.1 and 2, as both of them, had been driving their afore-mentioned vehicles, rashly and negligently.

5. In pursuance of the Award, so passed by learned Tribunal, the petitioner had filed the execution petition and during the pendency of the execution, in pursuance of 50% of the awarded amount having deposited by the insurance company vide cheque No.076508 dated 02.12.2014, an objection application was filed by the insurance company, thereby, taking plea that it was liable to only 50% of the awarded amount, whereas, residue 50% was to be paid by Rajiv Grover, driver of the Innova car bearing No.PB-65E-0377, as it was held to be a case of contributory negligence.

6. Undisputedly, in the Award, even though, issue No.1 has been decided, thereby, taking it to be a case of contributory negligence, but however, the extent of contributory negligence, between the tortfeasors has not been worked upon.

7. In the case of contributory negligence, a person, who has himself contributed to the accident, cannot claim the compensation for the injuries sustained by him, in the accident, to the extent of his own negligence. The extent of his negligence is required to be determined, as damages recoverable by him, in respect of the injuries have to be reduced in proportion to his contributory negligence. However, in the case of composite negligence, a person, who has suffered, had not contributed to the accident, but due to the outcome of combination of negligence of two or more other persons, in such case, the claimant is entitled to sue both or any one of the joint tortfeasors and to recover the entire compensation, as liability of joint tortfeasors is joint and several.

8. Perusal of the Award dated 11.08.2014, which is under execution, reveals about Innova car in question, driven by Rajiv Grover, to be coming on wrong side of the road and having struck the motorcycle of Karamjit Singh, as a result whereof, besides Karamjit Singh, his wife Neeta @ Geeta Rani, who was also occupant of the motorcycle had fallen from the motorcycle and soon after the striking of the same, the offending bus had come, which was also driven in rash and negligent manner by Harwinder Singh and it ran over the h