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1998 Supreme(Kar) 636

G.C.BHARUKA, P.VISHWANATHA SHETTY, V.GOPALA GOWDA
GANESH – Appellant
Versus
SYED MUNNED AHAMED – Respondent


Advocates:
A.K.BHAT, B.S.Seetharam, C.V.GURUVE GOWDA, R.V.JAYAPRAKASH, S.SRINIVASA MURTHY

G. C. BHARUKA, J.

( 1 ) THE division ing questions of law to the full bench for bench, which was hearing the present first its opinion: appeal on merits, has referred the follow-"whether in a case of a motor vehicle accident caused due to the composite negligence of the drivers of two or more vehicles, the person who is injured or the legal representatives of a person who is killed in such an accident, is/are entitled to claim the entire compensation from all or any of the drivers, owners and insurers of the vehicles involved in the accident. Or whether in such a case the injured or the legal representatives of the deceased can recover only that part of compensation from each set of driver, owner or insurer which is proportionate to the quantum of negligence of that driver, which contributed to the accident?"

( 2 ) THE present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (in short 'the new act') against a judgment and award dated 20. 10. 1992 passed by the motor accidents claims tribunal, Bangalore rural district in m. v. c. No. 1111 of 1988 awarding a compensation of Rs. 35,000 to the appellant with interest at the rate of 6 per cent per annum from the da











































































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