Insurer of a bus sought to add the truck owner and insurer as respondents to motor accident claims arising from a collision, on grounds of contributory negligence. Relying on composite negligence principles, the court upheld the tribunal's rejection and dismissed all writ petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2024:BHC-AUG:20756
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9409.24WP+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
21 WRIT PETITION NO. 9409 OF 2024
IFFCO TOKIO GENERAL INSURANCE CO.LTD.
VERSUS
GEETABAI KARAN PADVI & ANOTHER
Advocate for the petitioner : Mr.S.S.Rathi
WITH
WRIT PETITION NO. 9410 OF 2024
IFFCO TOKIO GENERAL INSURANCE CO.LTD.
VERSUS
AASHA MAJID NAIK & ANOTHER
Advocate for the petitioner : Mr.S.S.Rathi
WITH
WRIT PETITION NO. 9411 OF 2024
IFFCO TOKIO GENERAL INSURANCE CO. LTD. VERSUS
AKHIRAJ LASHYA DHAR & OTHER
Advocate for the petitioner : Mr.S.S.Rathi
WITH
WRIT PETITION NO. 9412 OF 2024
IFFCO TOKIO GENERAL INSURANCE CO.LTD. VERSUS
ARJUN ASHOK PADVI & ANOTHER
Advocate for the petitioner : Mr.S.S.Rathi
2
9409.24WP+
WITH WRIT PETITION NO. 9413 OF 2024
IFFCO TOKIO GENERAL INSURANCE CO.LTD. VERSUS
DURGABAI MAJID NAIK & ANOTHER
Advocate for the petitioner : Mr.S.S.Rathi
WITH WRIT PETITION NO. 9414 OF 2024
IFFCO TOKIO GENERAL INSURANCE CO. LTD. VERSUS
KISAN MAJID NAIK & ANOTHER
Advocate for the petitioner : Mr.S.S.Rathi
WITH WRIT PETITION NO. 9415 OF 2024
IFFCO TOKIO GENERAL INSURANCE CO.LTD.
VERSUS
KISHOR SUDAM PAWAR & ANOTHER
Advocate for the petitioner : Mr.S.S.Rathi
WITH
WRIT PETITION NO. 9416 OF 2024
IFFCO TOKIO GENERAL INSURANCE CO.LTD. VERSUS
KISHOR SUDAM PAWAR & ANOTHER
Advocate for the petitioner : Mr.S.S.Rathi
CORAM : ARUN R. PEDNEKER, J. DATE : 02.09.2024
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9409.24WP+
P.C. :
1] Heard the learned counsel for the petitioners. The learned counsel for the petitioners submits that the accident occurred between bus bearing Registration No. GJ03-AX-0198 and a Eicher truck bearing Registration No. MH-18-AA-9853. In the said accident, the claimants / occupants of bus suffered injuries. Crime was registered against the drivers of both the vehicles and that this is the case of contributory negligence according to the police papers. He further submits that the owner of the truck, so also, insurer of the offending truck ought to have been made party to the claim petition filed by the occupants of the bus. Therefore, the present petitioner, who is insurer of bus, has moved an application for adding owner and insurer of the truck as party respondent in the claim petition and by the impugned orders, the Motor Accident Claims Tribunal has rejected the said application. Against the said order, the present writ petitions are filed.
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9409.24WP+
2] The instant case is of composite negligence as far as the occupants of the Bus are concerned. The Hon’ble Apex Court in the case of Khenyei Vs. New India Assurance Co. Ltd. & others , reported in 2015 [2] T.A.C. 677 (S.C.) has held that in case of composite negligence the claimant is entitled to sue all or anyone of the joint tort feasors and to recover the entire compensation from one of the tort feasors as liability of joint tort feasors is joint and several. In view of the same, the application is rightly rejected by the Motor Accident Claims Tribunal. Hence, all the Writ Petitions are dismissed.
3] The petitioners are at liberty to take recourse to as may be available to them in law qua owners and insurance company of the truck as and when occasion
arises.
[ARUN R. PEDNEKER] JUDGE
DDC
1 issue framed by the court
Whether the insurer of the bus should be allowed to implead the owner and insurer of the truck in the claim petitions involving composite negligence.
Colour shows how this judgement treated each authority
Khenyei Vs. New India Assurance Co. Ltd. & othersRelied on¶2
2015 [2] T.A.C. 677 (S.C.)
IFFCO Tokio General Insurance Co. Ltd.
Geetabai Karan Padvi
Aasha Majid Naik
Akhiraj Lashya Dhar
Arjun Ashok Padvi
Durgabai Majid Naik
Arun R. Pedneker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
