Back
SANDEEP V. MARNE
G. Chandrashekharan Shivam – Appellant
Versus
Rajkumar Agarwal – Respondent
JUDGMENT/ORDER
1. These petitions are filed challenging order dtd. 29/11/2019 passed by the Member, Motor Accidents Claim Tribunal, Mumbai by which application filed by the RespondentInsurance Company for impleadment of owner and insurer of Motor Car MH-01-AC-4129 as opposite party has been allowed.
2. It is Petitioners' case that the deceased and injured were travelling in Motor Car No. MH-01-AC 4129 and compensation is claimed against the owner and insurer of the Truck bearing registration No. OR-15-G-6449. That they do not wish to implead owner and insurer of the Motor Car No.-MH-01-AC-4129 to the proceedings. On the contrary, it was the plea of the RespondentInsurance Company that the driver of the Motor Car was responsible for the accident and therefore the owner and insurer of the Motor Car are necessary parties to the proceedings. The Tribunal has proceeded to allow the application filed by the RespondentInsurance Company directing the Petitioners to join the owner and insurer of the Motor Car No.MH-01-AC-4129 as opposite party. These petitions are filed challenging the order dtd. 29/11/2019 passed by the Tribunal.
3. Mr. Vidyarthi, the learned counsel appearing for Petitioners
Claimants in motor accident cases have the right to sue one joint tortfeasor and recover full compensation without being compelled to include other joint tortfeasors.
In composite negligence cases, a claimant can recover full damages from any joint tortfeasor without being compelled to join others, affirming the principle of joint and several liability.
In cases of composite negligence, the plaintiff/claimant is entitled to sue both or any one of the joint tortfeasors and to recover the entire compensation as the liability of joint tortfeasors is jo....
In cases of road accidents involving multiple vehicles, all joint tortfeasors must be impleaded for effective determination of liability and contributory negligence under joint and several liabilitie....
The main legal point established in the judgment is the claimant's entitlement to sue both or any one of the joint tort-feasors and the principles of joint and several liability in the context of ret....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
