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Head Note

Motor Vehicles Act,1988  - Section 166 , Section 168

Compensation - Composite Negligence - Joint and Several Liability - There is determination of inter se liability of composite negligence to the extent of negligence of 2/3rd and 1/3rd of respective drivers - Vehicle which was not insured with the insurer, was negligent to the extent of 2/3rd - It would be open to the insurer being insurer of the bus after making payment to claimant to recover from the owner of the trailor-truck the amount to the aforesaid extent in the execution proceedings - Had there been no determination of the inter se liability for want of evidence or other joint tort-feasor had not been impleaded, it was not open to settle such a dispute and to recover the amount in execution proceedings but the remedy would be to file another suit or appropriate proceedings in accordance with law.

Motor Vehicles Act,1988  - Section 166 , Section 168

Compensation - Joint and Several Liabilities - Right of claimant to recover from any of the joint tort feasors - On the basis of case law following position of law emerges: (i) 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) 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.

Topic(s)-MACT - Composite Negligence - Joint and Several Liability - Law Clarified