In composite negligence, claimants may recover full compensation from any one of the joint tortfeasors.

On July 28, 2017, the deceased, Vincent Raj, was a passenger in a Maruti Alto car that collided with a lorry owned by the 4th respondent and insured by the appellant. The accident resulted in the fatal injury of Vincent Raj.

The parents of the deceased filed a claim petition (MCOP.No.218 of 2019) before the Motor Accident Claims Tribunal, Nagercoil, which awarded a compensation of Rs.15,88,400/-, holding the lorry driver solely responsible for the accident.

The Insurance Company appealed, contending that the accident was a case of head-on collision at the center of the road, necessitating the fixation of 50% contributory negligence on the car driver.

1. Whether the accident occurred due to the sole negligence of the lorry driver or if there was contributory/composite negligence on the part of the car driver.

2. Whether the claim petition was maintainable without impleading the owner and insurer of the Maruti car.

Section 173 of the Motor Vehicles Act, 1988 regarding appeals.

Principle of "composite negligence" and the Supreme Court precedent in Khenyei v. New India Assurance Company Ltd. and Others (CDJ 2015 SC 428), which establishes that in cases of composite negligence, the claimant is entitled to sue any or all joint tortfeasors and recover the entire compensation, as their liability is joint and several.

General principle in motor accident law that when two vehicles of different sizes are involved, a higher degree of responsibility is often attributed to the larger vehicle.

The Court reviewed the evidence, including the eye-witness testimony of P.W.2 and the rough sketch (Ex.P.3), which indicated the accident occurred at the center of the road.

The Court observed that the appellant failed to provide concrete evidence or cross-examination suggestions to prove the car had crossed into the lorry's path.

The Court noted that the front portion of the car was completely destroyed while the lorry sustained minimal damage, reinforcing the finding of predominant negligence by the heavier vehicle.

Regarding the non-joinder of the car’s insurer, the Court reasoned that since the deceased was a passenger (a victim of composite negligence), the claimants had the legal right to seek full compensation from any one of the joint tortfeasors.

The High Court dismissed the appeal and confirmed the Tribunal's award dated 19.07.2022. No costs were awarded.