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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
HANCHATE SANJEEVKUMAR
Vidya, W/o. Prakash Kumbar – Appellant
Versus
Aravind, S/o. Ramachandra Anegundi – Respondent
| Table of Content |
|---|
| 1. accident details and compensation awarded. (Para 1 , 2 , 3) |
| 2. arguments on negligence and compensation enhancement. (Para 4 , 5 , 6 , 7) |
| 3. composite negligence versus contributory negligence. (Para 10 , 11 , 12) |
| 4. compensation quantification and enhancement. (Para 14 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. final order on compensation and liability. (Para 22 , 23) |
JUDGMENT :
(HANCHATE SANJEEVKUMAR, J.)
This appeal is filed by the claimants challenging the judgment and award dated 31.01.2012, passed in MVC No.591/2008, on the file of I Additional Senior Civil Judge and Additional MACT, Dharwad, sitting at Navalgund (for short, ‘Tribunal’), seeking enhancement of compensation.
2. Brief facts leading to filing of this appeal are that on 05.06.2008, at about 1.30 p.m., near KEB grid of Bangareppa extension on Gadag-Hubli road near Annigeri village of Navalgund taluk, the deceased Prakash (for short, ‘deceased’) was proceeding on a motorcycle bearing registration No.KA-25/Q-7073 from Gadag to Hubli. At that time, respondent No.5 came by a motorcycle bearing registration No.KA-26/H-8836 from opposite direction in a rash and negligent manner and dashed against the deceased. Due to
In cases of composite negligence, claimants can recover full compensation from any joint tortfeasor with liability ratios determined for inter se recovery rights.
Court affirmed that contributory negligence can be apportioned among parties, and under composite negligence, claimants can seek full compensation from any tortfeasor.
The main legal point established in the judgment is the distinction between contributory and composite negligence and the application of this distinction in determining compensation in motor accident....
The main legal point established in the judgment is the distinction between contributory negligence and composite negligence in motor accident claims, emphasizing the right of legal representatives t....
Point of law: The term negligence means failure to exercise care towards others which a reasonable and prudent person would in a circumstance or taking action which such a reasonable person would not....
Insurers are liable for full compensation in cases of composite negligence where the extent of fault cannot be distinctly apportioned between joint tort-feasors.
Section 140 of M.V. Act is read as liability to pay compensation in certain cases on principle of no fault.
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