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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Oriental Insurance Company Limited – Appellant
Versus
Kavita – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J.
CM-2641-CII-2026
Prayer in the present application preferred under Section 151 CPC is for condonation of delay of 125 days in refiling the appeal.
Heard.
For the reasons mentioned in the application, which is duly supported by an affidavit, the same is allowed. The delay of 125 days in refiling the appeal is condoned.
CM-2642-CII-2026
Prayer in the present application preferred under Section 5 of the Limitation Act, 1963 is for condonation of delay of 48 days in filing the appeal. Heard.
For the reasons mentioned in the application, which is duly supported by an affidavit, the same is allowed. The delay of 48 days in filing the appeal is condoned.
CM-2643-CII-2026
Allowed as prayed for, subject to all just exceptions.
1. The instant appeal assails Award dated 03.04.2025 passed by the Motor Accident Claims Tribunal, Hisar (hereinafter referred to as “the MACT”), vide which the claim petition preferred under Section 166 of the Motor Vehicles Act, 1988 (for short “the MV Act”) for the grant of compensation on account of death of one Kuldeep Singh, who expired in a motor vehicular accident, which took place on 21.01.2019 was allowed.
2. The facts, as emanating from t
The court confirmed that evidence from credible eyewitnesses establishes composite negligence in motor vehicle accidents, justifying equal liability allocation.
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....
The judgment clarified the legal principles distinguishing contributory negligence from composite negligence, establishing that in accidents involving multiple vehicles, liability should be apportion....
The main legal point established is the application of the concept of composite negligence in determining liability for compensation in road accidents.
The principle of composite negligence allows claimants to recover full compensation from any joint tortfeasor, irrespective of the individual negligence of each party involved in the accident.
The court established that both drivers were negligent in causing the accident, leading to equal apportionment of liability for compensation.
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