2008 AIR SCW 2045 ::2008 (2) All LJ NOC 552 ::2008 (2) AIR Jhar R 843 ::(2008) 1 WLC(SC)CVL 744 ::(2008) 1 ACC 706 ::(2009) 1 CivLJ 47 ::2008 (3) SCC 748 ::2008 (2) SCC (Cri) 738 ::(2008) 2 RecCivR 120 ::(2008) 3 Scale 174 ::(2008) 2 ACJ 1165 ::(2008) 3 TAC 193 ::(2008) 3 AllMR 902 (SC) ::(2008) 2 All WC 1151 ::(2008) 1 CPJ 84 ::(2008) 2 Mad LJ 1124 ::(2008) 3 MPLJ 465 ::(2008) 5 Mah LJ 7 ::(2008) 3 Ker LT 431 ::(2008) 3 Pun LR 462 ::AIR 2008 SC (Supp) 1646

Supreme Court Of India

(From : Kerala)*

Hon'ble Judge(s): K. G. Balakrishnan, R. V. Raveendran , JJ

(A) Motor Vehicles Act (59 of 1988) , S.168— Motor accident - Composite negligence and contributory negligence - Concept explained. 'Composite negligence' refers to negligence on part of two or more persons. Where a person is injured as a result of negligence on part of two or more wrong doers, it is said that the person was injured on account of the composite negligence of those wrongdoers. In such a case, each wrongdoer, is jointly and severally liable to the injured for payment of the entire damages and the injured person has the choice of proceeding against all or any of them. On the other hand where a person suffers injury, partly due to the negligence on the part of another person or persons, and partly as a result of his own negligence, then the negligence on the part of the injured which contributed to the accident is referred to as his contributory negligence. Where the injured is guilty of some negligence, his claim for damages is not defeated merely by reason of the negligence on his part but the damages recoverable by him in respect of the injuries stands reduced in proportion to his contributory negligence.(Para 6) (B) Motor Vehicles Act (59 of 1988) , S.168— Contributory negligence - Extent - Accident between two buses - Claimant bus driver on right side of road - Othe....