P&H: In Motor Accident case Treats Passenger Death As Composite Negligence, Enhances Award To Rs 20.66 Lakh But Limits Insurer’s Liability To 50%

Motor Vehicles Act, 1988, S.166 — Accident - Compensation - Contributory negligence  - In a claim by a passenger of one of vehicles, case falls within composite negligence and not contributory negligence — Apportionment of 50% each operates only for inter se adjustment between joint tortfeasors — Tribunal erred in treating it as contributory negligence. (Paras 10 & 11) Motor Vehicles Act, 1988, S.166, Evidence Act, 1872, S.114 — Accident - Compensation  — Adverse inference — Best evidence withheld