Facts
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.
Source reference: pp. 9–13The Tribunal found the drivers equally negligent and held the owners and insurers jointly and severally liable.
Source reference: pp. 9–13It directed Go Digit to deposit the entire compensation, with liberty to recover 50% from United India in execution.
Source reference: pp. 9–13Go Digit appealed that direction.
Source reference: pp. 9–13Issues
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
Source reference: pp. 9–14Whether the insurers should instead each be directed to deposit 50% of the compensation awarded, with interest.
Source reference: pp. 10–14Law Applied
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.
Source reference: pp. 12–13It relied on Khenyei v. New India Assurance Co. Ltd., (2015) 9 SCC 273, cited by the Tribunal, for that principle.
Source reference: pp. 12–13The 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.
Source reference: pp. 13–14The appeals were brought under Section 173(1) of the Motor Vehicles Act.
Source reference: pp. 2–8Reasoning
The Tribunal’s finding that both drivers were equally negligent was not disturbed.
Source reference: pp. 13–14The 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.
Source reference: pp. 13–14In 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.
Source reference: pp. 13–14Holding
The Court allowed all four appeals in part.
It directed Go Digit and United India each to deposit 50% of the award, with interest, in the four claim petitions within six weeks.
Source reference: pp. 14–15Any amount already in deposit was ordered to be transmitted to the Tribunal.
Source reference: pp. 14–15Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Motor Vehicles Act, 19881
Original Court PDF
GO DIGIT GENERAL INSURANCE LTD.,vsSMT.SARASWATHI G N
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
