H. L. DATTU, S. A. BOBDE, ARUN MISHRA
Khenyei – Appellant
Versus
New India Assurance Co. Ltd. – Respondent
What is the liability of joint tort feasors in cases of composite negligence? (!) (!) What are the rights of a claimant to recover compensation from joint tort feasors? (!) (!) How can a joint tort feasor recover contribution from another in composite negligence cases? (!) (!)
Key Points: - In composite negligence, the claimant's liability is joint and several, allowing recovery of entire compensation from any joint tort feasor, regardless of negligence extent (!) (!) (!) . - Apportionment of compensation between joint tort feasors vis-à-vis the claimant is not permissible; claimant can recover full amount from the solvent/easiest target (!) (!) . - Courts may determine inter se negligence extent only if all joint tort feasors are impleaded, for adjusting liabilities between them via execution proceedings (!) (!) . - Composite negligence differs from contributory negligence; in composite cases, victim's negligence is absent, and tort feasors bear full joint liability (!) (!) . - If other joint tort feasors are not impleaded, court cannot apportion liability; impleaded tort feasor can sue others separately post-award (!) (!) . - Supreme Court allowed appeals, set aside High Court order limiting insurer's liability, holding insurer must pay full compensation despite not insuring the more negligent vehicle (!) (!) . - Claimant entitled to sue owners, drivers, insurers of one or both vehicles; no necessity to implead all (!) . - Paying tort feasor can recover share from other via execution court if inter se negligence determined (!) (!) (!) .
Judgment
Arun Mishra, J.
1. Leave granted.
2. In the appeals, the main question which arises for consideration is, whether it is open to a claimant to recover entire compensation from one of the joint tort feasors, particularly when in accident caused by composite negligence of drivers of trailor-truck and bus has been found to 2/3rd and 1/3rd extent respectively.
3. In the instant cases the injuries were sustained by the claimants when two vehicles – bus and trailor-truck collided with each other. The New India Assurance Co. Ltd. is admittedly the insurer of the bus. However, on the basis of additional evidence adduced the High Court has come to the conclusion that the New India Assurance Co. Ltd. is not the insurer of the trailor-truck, hence is not liable to satisfy 2/3rd of the award.
4. It is a case of composite negligence where injuries have been caused to the claimants by combined wrongful act of joint tort feasors. In a case of accident caused by negligence of joint tort feasors, all the persons who aid or counsel or direct or join in committal of a wrongful act, are liable. In such case, the liability is always joint and several. The extent of negligence of joint tort feasors i
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