LAW FOR ALL

Accident claim - M.V.Act - composite negligence & contributory negligence - Truck and Geep colluded -for passengers - third parties both are jointly and severally liable to pay compensation - Claim petitions by passengers against Zeep but unknown Truck driver and owner not added as parties as they escaped - Tribunal dismissed the claim as it hold Truck was only responsible for accident - High court found both are responsible for accident - apportioned the liability as 60% for Truck and 30% for zeep - Truck hit and run away - Apex court held that since the petitioners are only passengers of zeep , the question of contributory negligence by them does not arise - Since the accident was due to composite negligence Truck and Zeep drivers and owners are jointly and severally liable to pay compensation - Apex court set aside the apportionment of High court and allowed the appeal = PAWAN KUMAR & ANR. ETC. ... APPELLANT (S) VERSUS M/S HARKISHAN DASS ... RESPONDENT (S) MOHAN LAL & ORS. = 2014( January part) judis.nic.in/supreme court/filename=41185