The Divisional Manager v. Baba S/O Tola Patel and Ors.
Case brief
What is this about?
Keywords: composite negligence; joint tortfeasors; joint and several liability; Motor Accident Claims Tribunal; appeal against compensation award; insurance companies; deposit and recovery of compensation; execution proceedings; inter se liability; appeal allowed in part; modification of Tribunal award; High Court of Karnataka. The judgment applies a referred Hon'ble Apex Court decision on composite negligence (per the text, in composite negligence the claimant may sue both or any one joint tortfeasor and recover the entire compensation, their liability being joint and several) and directs the appellant-insurer to deposit the entire compensation and recover the other insurer's share in accordance with law.
What did the court decide?
Appeals allowed in part; the questions and awards passed by the Tribunal modified; liability fastened on both the insurance companies; the appellant-insurance company directed to deposit the entire compensation amount and recover the same from the other insurance company in accordance with law; the amount in deposit and the Trial Court records to be transmitted to the Tribunal.