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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
UMESH M.ADIGA
New India Assurance Co. Ltd. – Appellant
Versus
K. Latha W/o Late Rajashekharaiah K.S. – Respondent
JUDGMENT :
This appeal is by the insurer being aggrieved by the Judgment and award dated 21.07.2022 passed in MVC No.4007/2020 on the file of Chief Judge, Small Causes Court and Principal MACT, Bengaluru.
2. Though the matter is listed for admission, with the consent of both sides, it is taken up for final disposal.
3. The parties are referred to as per their rankings before the Tribunal.
4. Brief facts of the case are that:
On 27.10.2019 at about 10.40 a.m. deceased Rajashekariah K.S., was travelling in a car bearing registration No.KA-06-N-3698 on Bengaluru to Tumkuru NH-4 road, near 8th mile Peenya flyover, the driver of a Canter lorry bearing registration No.KA-41-A-2740 parked the said vehicle over the flyover without signal or indication light and without taking any precaution. As a result, the car hit the said lorry, due to impact Rajashekariah K.S., sustained grievous injuries and while undergoing treatment he succumbed to the injuries.
5. The claimants being his wife and children contended that the deceased Rajashekariah K.S., was aged about 65 years. He was in real estate business and earning Rs.25,000/- per month. Claimants were dependant upon his earnings. With these reasons,
In cases of joint tortfeasors, apportionment of negligence cannot be assessed without all parties present, as each can be held liable for entire damages.
Both vehicle drivers were found equally negligent in the accident leading to liability shared between their insurance companies.
The court established that in cases of joint liability, the principle of contributory negligence applies, allowing for allocation of compensation based on percentage of fault by each party involved.
The main legal point established in the judgment is that when an accident is solely due to the negligence of one party, apportioning negligence and liability to other parties is not warranted.
Motor accident claim - It would not be appropriate for the court/tribunal to determine the extent of composite negligence of the drives of two vehicles in the absence of impleadment of other joint to....
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