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Supreme Court Of India

Hon'ble Judge(s): H. L. Dattu, S. A. Bobde, Arun Mishra , JJJ

(A) Motor Vehicles Act (59 of 1988) , S.168, S.149— Compensation - Accident - Composite negligence - Liability of tortfeasors was joint and several - Claimant can sue both or any one of joint tortfeasors - Claimant can at his option recover entire damages from any one of them - In case both tortfeasors are impleaded and apportionment/extent of their negligence determined by court/tribunal - One joint tortfeasor can recover amount from other in execution proceedings. Torts - Accident - Composite negligence - Liability of joint tortfeasors. In the case of composite negligence, plaintiff/claimant is entitled to sue both or any one of the joint tortfeasors and to recover the entire compensation as liability of joint tort feasors is joint and several. In the case of composite negligence, apportionment of compensation between two tortfeasors vis-a-vis the plaintiff/claimant is not permissible. He can recover at his option whole damages from any of them. In case all the joint tortfeasors 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, joint tortfeasors. However, determination of the extent of negligence between the joint tortfeasors is only for the purpose of their inter se liability so that one may recover the sum from the other after making whole o....