13.In the present case, the pillion rider filed M.C.O.P.No.771 of 2010. The contributory negligence of 50% fixed against the rider of the two wheeler. Apparently, the contributory negligence was fixed by the Tribunal against the rider of the two wheeler and the driver of the bus in the ratio of 50:50. The Transport Corporation is liable to pay the compensation of the pillion rider. The question is how the pillion rider will recover it, whether the pillion rider is entitle to recover 50% each from the owner of the two wheeler and the Transport Corporation? The answer to the question is probably not due to the reason that in the present case rider of the two wheeler and the driver of the bus are the joint tortfeasors, in the case of joint tortfeasors the law has been settled that the claimant can recover from all the parties or from any one of the parties. In case if the claimant was directed to recover from any one of the parties, the said party is liable to pay the entire award amount and thereafter such party is entitled to recover 50% of the amount from the owner of the other co-tortfeasor vehicle. In the present case, the Tribunal has directed the Transport Corporation to pay the compensation a sum of Rs.1,80,928/-. However, no order was passed to recover from the owner of the two wheeler as the negligence was fixed by the Tribunal in the ratio 50:50. The Tribunal should have permitted the Transport Corporation to pay and recover to the extent of 50% from the owner of the two wheeler, which the Tribunal has failed to do so. Thus, the judgment in M.C.O.P.No.771 of 2010 is liable to be modified.
