Claimant in composite negligence cases may recover entire compensation from any joint tortfeasor.

On October 10, 2017, the deceased, Bharatbhai Vasava, was traveling as a pillion rider on a motorcycle

A bus allegedly traveling on the wrong side in a negligent manner collided with the motorcycle, resulting in the deceased’s death at the spot

The claimants filed a petition under the Motor Vehicles Act. The Motor Accident Claims Tribunal (Aux.), Vadodara, dismissed the claim petition on March 3, 2025, after finding the motorcycle rider negligent

The appellants challenged this dismissal, contending that as a pillion rider, the deceased was a victim of "composite negligence"

1. Whether the Tribunal erred in dismissing the claim petition against a pillion rider in a case involving the negligence of two vehicles (composite negligence)

2. Whether the claimants are entitled to recover compensation from any one of the joint tortfeasors in a case of composite negligence

The court applied the doctrine of "Composite Negligence" as interpreted by the Supreme Court of India.

Khenyei v. New India Assurance Co. Ltd. & Ors. (2015) 9 SCC 273, which establishes that in cases of composite negligence, the liability of joint tortfeasors is joint and several, allowing a claimant to sue and recover the entire compensation from any one of them

T.O. Anthony v. Karvarnan and Ors. (2008) 3 SCC 748 and Pawan Kumar & Anr. v. M/s Harkishan Dass Mohan Lal & Ors. (2014) 3 SCC 590 to validate that no negligence can be attributed to a pillion rider/passenger

The High Court observed that the deceased was a pillion rider and therefore a passive victim who could not be attributed any contributory negligence

The Court noted that the accident resulted from the combined negligence of the bus driver and the motorcycle rider. Applying the precedent in Khenyei, the Court reasoned that the Tribunal’s dismissal was legally unsustainable because, in instances of composite negligence, the claimants have the legal option to seek full damages from any of the tortfeasors involved

The Court found that the Tribunal failed to assess compensation and instead dismissed the suit entirely based on an incorrect understanding of liability in multi-vehicle accidents involving third parties

The Court held that the case is one of composite negligence and the claimants are entitled to pursue their claim against the respondents. The matter was remanded back to the Motor Accident Claims Tribunal, Vadodara, with directions to decide the matter and assess the compensation within six months