COMPENSATION 2LAST(LGB2)

\ Family members of seven women who died in the accident Family members of seven women who died in the accident\were among those awarded compensation.\ K V Poojari, defence counsel for the insurance company,\argued that kin of the deceased have already been paid Rs 3\lakh and Rs 40,000 has been given to the injured (by MSRTC)\and hence these claims need not be considered. But this was\rejected by the court.\ He further submitted that the said amount be deducted\from the compensation amount awarded to the applicants.\ The judge, however, in his order citing a verdict by a\bench of the Supreme Court in the case of Khenyei V/s New\India Assurance Co. Ltd. said \\"it would not be appropriate for\the Tribunal to determine the extent of composite negligence\of the drivers of two vehicles in the absence of impleadment\of other joint tort feasors (i.e MSRCTC–bus owner and the bus\driver, who have not been made a party in the case).\\"\ Hence, impleaded joint tort feasors (owner and insurance\company of the truck) are jointly and severally responsible to\pay the above compensation to the applicants, he said. PTI COR\DK\NSD\SDM\