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GITA GOPI
United India Insurance Co. Ltd. – Appellant
Versus
Mansukhbhai Nathabhai Boricha – Respondent
JUDGMENT :
1. The insurance company in this appeal challenges the judgment dated 8.2.2017 passed in MACP no.56/2002 by MACT (Aux), Junagadh, where the claimant has been made entitled to recover the amount of Rs.1,37,500/- from opponents no.1 to 4 jointly and severally.
2. Learned advocate Mr. Mazmudar for the appellant submitted that in five group matters, the Tribunal has held the driver of auto rickshaw negligent to the extent of 80%, while motorcyclist has been considered negligent to the extent of 20% and the present appellant is the insurance company of the motorcyclist and since the only liability of the insurance company would come to 20%, Mr. Mazmudar has urged for a direction in accordance to the judgment of Khenyei Vs. New India Assurance Co. Ltd. & Ors., reported in (2015) 9 SCC 273.
22.1 In the case of composite negligence, plaintiff/claimant is entitled to sue both or any one of the joint tort feasors and to recover the entire compensation as liability of joint tort feasors is joint and several.
22.2 In the case of composite negligence, apportionment of compensation between two tort feasors vis-a-vis the pl
In the case of composite negligence, the plaintiff/claimant is entitled to recover the entire compensation from any one of the joint tort feasors, and apportionment of compensation between two tort f....
The main legal point established is that in cases of motor accidents, the concept of composite negligence and the liability of wrongdoers play a crucial role in determining the party responsible for ....
The court affirmed the tribunal's finding of composite negligence, obligating the insurer to pay and recover from another insurer, citing relevant legal precedents.
The claimant has the right to sue both or any one of the joint tortfeasors to recover the entire compensation in cases of composite negligence, and apportionment of compensation between two tortfeaso....
In cases of composite negligence, claimants can recover full compensation from any joint tortfeasor with liability ratios determined for inter se recovery rights.
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