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1984 Supreme(Kar) 226

G.N.SABHAHIT, S.R.RAJASEKHARA MURTHY
UNITED INDIA F. , G. INSURANCE CO. LTD. – Appellant
Versus
U. E. PRASAD – Respondent


Advocates:
A.K.LAKSHMAN, R.NARAYANAN NAIR

SABHAHIT, J.

( 1 ) THIS appeal by the Insurer of the Auto is directed against the judgment and award dated First day of June 1978 made by the Claims Tribunal Bangalore City in M. C. No. 67/75 on its file awarding compensation of Rs. 8684/- from respondents 1 and 3 to 6 in the petition along with interest and costs.

( 2 ) THE learned Counsel appearing for the appellant submitted that since the Tribunal held that both the drivers of the Auto and car were responsible for causing the accident, the Tribunal ought to have apportioned the liability between the two vehicles. He contended that the Insurance Company of the Auto could not be made liable to pay the entire compensation jointly and severally along with the other respondents. This submission was repealed by the learned Counsel appearing for the claimant. He submitted that the accident was the result of composite negligence and not contributory negligence. The person who was injured was a passenger in the Auto. The evidence of the petitioner shows that both the vehicles were being driven at a very fast speed and that is the cause of the accident. That being so, it is true that the accident was the result of composite negligence of





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