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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.POORNIMA
Oriental Insurance Company Limited – Appellant
Versus
Veerammal @ Veeralakshmi – Respondent
JUDGMENT :
R. POORNIMA, J.
1. This Civil Miscellaneous Appeal is preferred against the award made in MCOP No.125 of 2011, dated 26/04/2012 on the file of the Motor Accidents Claims Tribunal-cum-Subordinate Judge, Uthamapalayam.
2. The brief case of the claimant are as follows:-
On 24.09.2010 at about 08.15 a.m. the petitioner was travelling in the Mini Lorry bearing Registration No.TN-18-B-1990 which belonged to the 3rd respondent. When the Mini Lorry was nearing Rajangam house, at that time, Mini Bus bearing Registration No.TN-67- Z-1521 belonged to the 1st respondent, driven by its driver in a rash and negligent manner in the same direction and dashed against the back side of the Mini Lorry. Due to which, the petitioner sustained grievous injuries all over the body particularly on her both legs. Immediately, she was taken to Government Hospital, Uthamapalayam and thereafter, she was referred to Theni Ka.Na.Villakku Medical College and subsequently, she was referred to Madurai Government Rajaji Hospital, where she took treatment as inpatient between 24.09.2010 and 04.05.2011. Over the occurrence, a case in Crime No.449 of 2010 was registered by the Rayappanpatti Police Station, for th
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.
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 affirmed the principle of contributory negligence, attributing 20% liability to the deceased's vehicle for carrying excess passengers while primarily holding the lorry driver responsible fo....
The court upheld the liability of vehicle owners and the insurance company for compensation based on established negligence and application of the multiplier method for calculating losses.
Both drivers displayed composite negligence in an accident, attributing liability of 25:75, mandating enhanced compensation for the claimant.
In cases of joint tortfeasors, apportionment of negligence cannot be assessed without all parties present, as each can be held liable for entire damages.
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