In composite negligence, a third-party claimant may recover the full award jointly and severally from either tortfeasor.

On 7 June 2021, two deceased persons were travelling on a motorcycle when a reversing dumper struck it, causing them to fall; a truck then struck the motorcycle. Both died at the scene

The original claimants appealed under Section 173 of the Motor Vehicles Act, 1988, against the Motor Accident Claims Tribunal, Nadiad’s award dated 16 July 2025 in MACP No. 959 of 2021, contending that the compensation was inadequate, including because the deceased’s notional income was assessed at Rs.8,000 per month despite a stated minimum wage of Rs.9,495, and that the non-pecuniary awards were insufficient

1. Whether the Tribunal had properly assessed the deceased’s income and the resulting loss of dependency

2. Whether the amounts awarded under the conventional heads, including loss of estate, funeral expenses and loss of consortium, required enhancement

3. Whether the claimants, as third parties, could recover the compensation jointly and severally from the tortfeasors despite the Tribunal’s apportionment of negligence

Section 173 of the Motor Vehicles Act, 1988 provides for an appeal against an award of the Motor Accident Claims Tribunal

The Court applied the principle that compensation under the Act must be just, fair and reasonable, assessed on a realistic and holistic basis rather than narrowly or niggardly

Relying on National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, it applied the conventional amounts for loss of estate and funeral expenses, awarding Rs.18,150 under each head

Relying on United India Insurance Co. Ltd. v. Satinder Kaur @ Satwinder Kaur, (2021) 11 SCC 780, it applied consortium of Rs.48,400 for each of the three dependants

In a case of composite negligence, a third-party claimant may recover the compensation jointly and severally from any tortfeasor; a tortfeasor paying more than its share may seek recovery from the other tortfeasor

The Court found that the Tribunal had not properly considered the deceased’s monthly income and therefore reassessed the compensation

It calculated future dependency loss at Rs.19,14,192 and awarded a total of Rs.1,81,500 for loss of estate, consortium and funeral expenses, producing total compensation of Rs.20,95,692.

After deducting the Tribunal’s award of Rs.17,33,800, it determined that a further Rs.3,61,892 was payable

Although it maintained the Tribunal’s 60:40 apportionment of negligence between the insured offending vehicles, it held that the claimants could recover the amount jointly and severally as third parties, subject to inter se recovery between the tortfeasors

The claimants were awarded enhanced compensation of Rs.3,61,892, with interest at 7.5% per annum from the date of filing the claim petition until realisation

The insurance company was directed to deposit the enhanced amount with interest within eight weeks; the Tribunal was directed to disburse the amounts held by it to the claimants, subject to verification, procedure and any applicable court fees

The Tribunal’s remaining directions, including the 60:40 negligence apportionment, were maintained, with joint and several recovery available to the claimants and inter se recovery available to any tortfeasor that paid more than its liability