Where both insurers are parties, each must deposit its apportioned share for composite negligence.

The appeals arose from a common judgment and award in four motor accident claim petitions concerning a collision between a lorry insured by Go Digit General Insurance Ltd. and a car insured by United India Insurance Company Ltd.

The Tribunal found the drivers equally negligent and held the owners and insurers jointly and severally liable.

It directed Go Digit to deposit the entire compensation, with liberty to recover 50% from United India in execution.

Go Digit appealed that direction.

Whether, after finding the lorry and car drivers equally negligent and both insurers before it, the Tribunal could direct Go Digit alone to deposit the entire award and recover 50% from United India

Whether the insurers should instead each be directed to deposit 50% of the compensation awarded, with interest.

The Court applied the doctrine of composite negligence, under which joint tortfeasors are jointly and severally liable to the injured claimant, who may sue one or all of them for the full compensation.

It relied on Khenyei v. New India Assurance Co. Ltd., (2015) 9 SCC 273, cited by the Tribunal, for that principle.

The Court further held that where both joint tortfeasors and their insurers are parties and negligence has been apportioned equally, the Tribunal should direct each insurer to deposit its respective 50% share.

The appeals were brought under Section 173(1) of the Motor Vehicles Act.

The Tribunal’s finding that both drivers were equally negligent was not disturbed.

The Court accepted that the claimants could proceed against either or both joint tortfeasors, but noted that both insurers were parties and that the Tribunal had already apportioned negligence equally.

In those circumstances, requiring Go Digit to pay the whole award and pursue recovery of half from United India was not the appropriate direction; each insurer should deposit half of the award with interest.

It directed Go Digit and United India each to deposit 50% of the award, with interest, in the four claim petitions within six weeks.

Any amount already in deposit was ordered to be transmitted to the Tribunal.