1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL WRIT No. 2268 of 2007 MANGI LAL V/S SHANKER LAL & ORS. Mr. SANDEEP SARUPARIA, for the appellant / petitioner Date of Order : 16.5.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the petitioner. By the impugned order, the learned trial court has refused the petitioner's application for impleading the owner of the Motorcycle as party defendant. According to the averments made in the claim petition Shankarlal and deceased were going on the Motorcycle, and when they stopped at Vishwakarma Dumper Body Repairing Works Shop for delivering a marriage-card, Shankarlal was standing the Motorcycle on the stand, at that time the two vehicles dashed against each other, and in turn, they hit the deceased Kamlesh, who fell on Shankarlal, and Kamlesh died on the spot, while Shankarlal received injuries. In my view, at best, all that can be said is to be a case of composite negligence of the two, or more motor vehicle drivers. However even in such case of composite negligence, 2 the claimant is entitled to initiate claim petition against any one or more of the such joint tortfeasor for entire amount of compensation. So far as the contention of the petitioner about injured Shankarlal being driver of the Motorcycle and therefore being guilty of contributory negligence is concerned, it is a matter to be gone into, during the trial in case the petitioner is able to plead and prove the contributory negligence of the victim Shankarlal in which event the consequences according to law will flow. In that view of the matter, I do not any error in the impugned order. The writ petition, therefore, is dismissed summarily. ( N P GUPTA ),J. /anil/