12. Be that as it may, one thing is clear from the above contentions that the accident occurred due to involvement of the scooter and the Maruthi car. In cases of collision between two vehicles there would be some amount of negligence on the part of both the vehicles involved in the accident. The petitioner can claim compensation notwithstanding the fact that the accident occurred due to the contributory negligence of both the drivers of both the vehicles. Further, this Court time and again held that criminal proceedings have no bearing on the claim proceedings under the Motor Vehicles Act since both the proceedings are different and distinct. The petitioner filed documents Exs.A.1 to A.8 to prove that the accident occurred in between the scooter and Maruthi car, he sustained injuries and was hospitalised. Further, the Tribunal, irrespective of finding on the question of negligence of the driver of the vehicle, shall invariably give a finding as to the quantum of compensation to which the claimant is entitled to because an appeal against that award lies to this Court, and this Court, as an appellate authority can have advantage of the finding of the Tribunal on the quantum of compensation, without remitting the case to the Tribunal for a decision on the quantum of compensation.
