whether it is open to a claimant to recover entire
compensation from one of the joint tort feasors, particularly when in
accident caused by composite negligence of drivers of trailor-truck and bus
has been found to 2/3rd and 1/3rd extent respectively.
Apex court held that
(i) 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.
(ii) In the case of composite negligence, apportionment of compensation
between two tort feasors vis a vis the plaintiff/claimant is not
permissible. He can recover at his option whole damages from any of them.
(iii) In case all the joint tort feasors have been impleaded and evidence
is sufficient, it is open to the court/tribunal to determine inter se
extent of composite negligence of the drivers. However, determination of
the extent of negligence between the joint tort feasors is only for the
purpose of their inter se liability so that one may recover the sum from
the other after making whole of payment to the plaintiff/claimant to the
extent it has satisfied the liability of the other. In case both of them
have been impleaded and the apportionment/ extent of their negligence has
been determined by the court/tribunal, in main case one joint tort feasor
can recover the amount from the other in the execution proceedings.
(iv) It would not be appropriate for the court/tribunal to determine the
extent of composite negligence of the drivers of two vehicles in the
absence of impleadment of other joint tort feasors. In such a case,
impleaded joint tort feasor should be left, in case he so desires, to sue
the other joint tort feasor in independent proceedings after passing of the
decree or award.
Resultantly, the appeals are allowed. The judgment and order
passed by the High Court is hereby set aside. Parties to bear the costs as
incurred.- 2015 S.C.MSKLAWREPORTS
compensation from one of the joint tort feasors, particularly when in
accident caused by composite negligence of drivers of trailor-truck and bus
has been found to 2/3rd and 1/3rd extent respectively.
Apex court held that
(i) 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.
(ii) In the case of composite negligence, apportionment of compensation
between two tort feasors vis a vis the plaintiff/claimant is not
permissible. He can recover at his option whole damages from any of them.
(iii) In case all the joint tort feasors have been impleaded and evidence
is sufficient, it is open to the court/tribunal to determine inter se
extent of composite negligence of the drivers. However, determination of
the extent of negligence between the joint tort feasors is only for the
purpose of their inter se liability so that one may recover the sum from
the other after making whole of payment to the plaintiff/claimant to the
extent it has satisfied the liability of the other. In case both of them
have been impleaded and the apportionment/ extent of their negligence has
been determined by the court/tribunal, in main case one joint tort feasor
can recover the amount from the other in the execution proceedings.
(iv) It would not be appropriate for the court/tribunal to determine the
extent of composite negligence of the drivers of two vehicles in the
absence of impleadment of other joint tort feasors. In such a case,
impleaded joint tort feasor should be left, in case he so desires, to sue
the other joint tort feasor in independent proceedings after passing of the
decree or award.
Resultantly, the appeals are allowed. The judgment and order
passed by the High Court is hereby set aside. Parties to bear the costs as
incurred.- 2015 S.C.MSKLAWREPORTS
