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R. VIJAYAKUMAR
Branch Manager, National Insurance Company Limited, – Appellant
Versus
Ramuthai – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, to set aside the judgment and decree of the Claims Tribunal in M.C.O.P.No.2 of 2015, dated 27.06.2017 on the file of the Motor Accident Claims Tribunal, Special Subordinate Court, Dindigul allow the appeal with costs.)
1. The present appeal has been filed by the insurance company against the award of the Motor Accident Claims Tribunal, Dindigul in M.C.O.P.No.2 of 2015 primarily challenging the negligence and liability.
2. According to the injured claimant, she was travelling in an auto owned and driven by the 2nd respondent and insured with the 3rd respondent. At that point of time, a Scorpio car owned by the 1st respondent came from the opposite direction and dashed against the auto in which the claimant sustained serious injuries. An F.I.R was registered in Crime No.161 of 2015 on the file of Taluk Police Station, Dindigul as against the driver of the car. She had further contended that she is a vegetable vendor aged 51 years and earning a sum of Rs.15,000/- per month. The claimant has prayed for a sum of Rs.10,00,000/- towards compensation.
3. According to the claimant, both the auto driv
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.
In cases of joint tortfeasors, apportionment of negligence cannot be assessed without all parties present, as each can be held liable for entire damages.
In the absence of proof of tortious act by the driver of the auto, the owner/insured cannot be held vicariously liable.
The main legal point established in the judgment is that in case of composite negligence, the claimants are entitled to sue any one of the joint tort-feasors as the liability of the joint tort-feasor....
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 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....
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