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1990 Supreme(Kar) 697

M.RAMA JOIS, S.R.RAJASHEKHARA MURTHY
Karnataka State Road Transport Corporation – Appellant
Versus
Reny Mammen – Respondent


JUDGMENT

Rama Jois, J.—In these appeals presented under section 110D of the Motor Vehicles Act, 1939 ("the Act" for short), against a common award on three claim petitions presented under section 110A of the Act, read with rule 343 of the Karnataka Motor Vehicles Rules, 1963 ("the Rules" for short), the following important questions of law arise for consideration :

2. In the case of a claim for compensation for death or injury caused by a motor accident on account of the rash and negligent driving of more than one motor vehicle by the drivers of those vehicles :

(A) Whether or not the owners of all such vehicles are several tortfeasors in that each owner is a separate tortfeasor and consequently the liability of each of the owners of the vehicles is separate and distinct ? and whether or not there should be apportionment of the amount of compensation awarded in proportion to the negligence of each of the drivers as found by the Motor Accidents Claims Tribunal ?

(B) Whether section 110B of the Act authorises and requires the Motor Accidents Claims Tribunal to make apportionment of the compensation as against each of the owners of such vehicles in proportion to the negligence of the driv

































































































































































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