1 IN THE HIGH COURT OF JUDICATURE FOR RAJ. AT JAIPUR BENCH, JAIPUR. J U D G M E N T S.B. CIVIL MISC. APPEAL NO.682/98 R.S.R.T.C. VS. MUKHTAR SINGH AND OTHERS DATE OF JUDGMENT:- MAY 5,2009, HON'BLE MR. JUSTICE GUMAN SINGH Mr. Mukesh Kumar Verma, for the appellant, Mr. P.C.Sharma, on behalf of Mr. Ashwani Chobisa, for the respondents, BY THE COURT (ORAL) Heard. This appeal has been preferred on behalf of R.S.R.T.C. challenging the judgment and award passed by the Motor Accident Claims Tribunal, Bundi, vide order dated 5.8.1997 , in claim petition No. 113/1991 , whereby a total sum of Rs. 70,000/-, was awarded in favour of Mukhtar Singh against the appellant R.S.R.T.C. and its driver. 2 Learned counsel for the appellant submits that the accident had taken place between Motor Cycle No. RJ 08M 468 and the Bus of the R.S.R.T.C. No. RNP 332 , whereby Ranjeet Kaur wife of Mukhtar Singh, who was sitting as a pillion rider on the motor cycle , succumbed to the injuries sustained in the accident . The learned counsel submitted that the Tribunal has given a finding on Issue No. 1 that there was 50% negligence on the part of two collieding vehicles and as such the liability of the R.S.R.T.C. should have been scaled down to 50% but the Tribunal has fixed the entire liability on R.S.R.T.C. and that deserves to be scaled down commensurating with the percentage of contributory negligence at the part of R.S.R.T.C. found by the Tribunal. Per contra, learned counsel for the respondents , supported the award of the learned Tribunal on the ground that deceased Ranjeet Kaur did not contribute 3 in the accident . She was simply a pillion rider and as such the question of contributory negligence does not arise and the matter pertains to composite negligence and claimants of deceased are entitled for entire compensation for all or any joint tort feasor and are free to recover from all or any of the offending vehicle. Having considered the arguments and going through the award as well as the record of the case, it is revealed that as submitted by the learned counsel for the respondents, the deceased Ranjeet Kaur did not contribute in the negligence and she was simply a pillion rider and as such the matter pertains to composite negligence and the respondents-claimants are free to recover compensation from all or any of the joint tort feasor and may file claim petition for recovery against any of the party as held by the Hon'ble Apex Court in T.O. Anthony Vs. Karvarnan and others , 2008(3) SCC 748 and also followed in the 4 later judgment in A.P.R.S.R.T.C Vs. K. Hemlatha and others 2008(4) R.L.W. 3453 (S.C. Therefore, in view of the above legal position, the Tribunal has not committed any illegality in awarding the entire compensation to the claimants as against the R.S.R.T.C. Accordingly, the appeal stands dismissed with no order as to costs. Record be sent back forthwith. (Guman Singh)J.