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NAVIN CHAWLA
Oriental Insurance Co. Ltd. – Appellant
Versus
Smt Mamta – Respondent
JUDGMENT
1. This appeal has been filed by the appellant challenging the Award dated 05.06.2023 (hereinafter referred to as the `Impugned Award') passed by the learned Motor Accidents Claims Tribunal-01, West District, Tis Hazari Courts, Delhi (hereinafter referred to as the `Tribunal') in MACT Case No.254/2021 titled Mamta & Ors. v. Dharmendra Yadav & Ors..
2. The case of the claimants/respondent nos.1 to 4 before the learned Tribunal was that on 19.05.2021, deceased- Mithlesh Jha along with his family was going in a Car, that is, Mahindra Xylo bearing registration number DL-ACNB-4704 (hereinafter referred to as the `Mahindra Car') from Delhi to Bihar. The car was being driven by Mohd. Rizwan. They were in the third lane of the highway at a speed of around 40 - 50 kmph. At about 10:21 am, when they reached near village Budehari, PS Ramsanehi Ghat, Barabanki, approximately 6 km ahead of the Toll Plaza, one truck bearing registration number UP-53GT-2422 (hereinafter referred to as the `Truck'), which was parked on the highway in the same lane, suddenly started driving reverse without taking any note of the traffic that was plying on the highway at that particular time. The driver of th
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 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.
The judgment clarified the legal principles distinguishing contributory negligence from composite negligence, establishing that in accidents involving multiple vehicles, liability should be apportion....
The court established that both drivers were negligent in causing the accident, leading to equal apportionment of liability for compensation.
The main legal point established in the judgment is the application of principles for deciding negligence and contributory negligence in motor accident claims, as well as the computation of compensat....
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