J.M.PANCHAL, M.B.SHAH
AMARSI JUGABHAI DRIVER – Appellant
Versus
VIJAYABEN HEMANTLAL DHULIA – Respondent
( 1 ) SO far as Civil Appeal No. 1914 of 1984, which arises out of Claim Case no. 154 of 1982 is concerned, it was submitted by Mr. K. F. Dalal, learned Counsel for the appellants that the appellant No. 1-truck driver and deceased Hemantlal, who is found to be 25% negligent in the accident, were joint tort-feasors and the claimants in Claim Case No. 154 of 1982 having not impleaded either the heirs of deceased hemantlal who was driver-cum-owner of car bearing registration No. GTQ-7064 or the Insurance Company with which the said car was insured, the appellants would be liable to satisfy the claim of the claimants only to the extent of 75% and the entire amount of compensation awarded cannot be recovered from the appellants. It was submitted that in a case of composite negligence, in the absence of all the joint tort-feasors, the entire amount cannot be realised from the joint tort-feasor who is sued because the joint tort-feasor who is sued would not be in a position to realise the amount from the other joint tort-feasor, who is not a party before the Court, in case it is made liable to pay the entire amount. The learned Counsel further submitted that in the writte
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