ORIENTAL INSURANCE CO LTD Vs. PARVEEN JUNEJA

JUDGEMENT

(1.) Both these appeals arise from the common award of the Motor Accidents Claims Tribunal and have been heard together and are being disposed of by this common judgment.

(2.) The appellant is the insurance company which has insured the motor vehicle involved in the accident. The accident took place between a Maruti car and stationary tractor-trolley. The car was owned and driven by respondent Neeraj Kumar.

(3.) Counsel for the appellant argued that there was a contributory negligence of the driver of the tractor. However, we do not find any worth in the argument. The victims admittedly were not driving the car. If there was any negligence of the driver of the tractor-trolley then also it cannot be said that the driver of the car was not negligent and when this is the position, if the driver of the tractor-trolley is to be held guilty then also it is a case of composite negligence and not contributory negligence. As per the settled law, the claimant can choose to sue any of the tortfeasors and in such a case the question of contributory negligence does not arise.