Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | owner and insurer of the car and the driver of the tempo - Tribunal awarded compensation of Rs. 5 set aside the award holding t 1988 - Fatal accident - Death c occurred on account of collusion between a tempo (on which the deceased was travelling) and a car- Claim petition by the dependants of deceased against the driver 81 0001- fastening the liability D to pay the same on the driver of the tempo attributing him . negligence - High Court in appeal by the driver of tempo Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 — Fatal accident — Death occurred on account of collusion between a tempo (on which the deceased was travelling) and a car — Claim petition by the dependants of deceased against the driver, owner and insurer of the car and the driver of the tempo — Tribunal awarded compensation of Rs.5,81,000/, fastening the liability to pay the same on the driver of the tempo, attributing him . negligence — High Court, in appeal by the driver of tempo, set aside the award holding that the claimants had not set up case of negligence against him — On appeal; held: Method and manner of the accident and version of two witnesses show that it was a case of composite negligence — Both the drivers were joint tort-feasors and thus liable to make payment of compensation — Compensation awarded by the Tribunal is confirmed — It is open to claimants to recover the entire amount from any of the respondents — It is open to the respondents to settle their inter se liability or per Khenyei case. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2015 INSC 805 |
Petitioner | Kamlesh & Ors. |
Respondent | Attar Singh & Ors. |
SCR | [2015] 12 S.C.R. 1022 |
Judgement Date | 2015-10-27 |
Case Number | 8879 |
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