Kar. HC: De-Nomination of Chairman of Minorities Commission by Govt. Before Term is Not Arbitrary  ||  Delhi High Court: Question of Property Title Can’t be Decided by Forums Under Senior Citizens Act  ||  Jh. HC: Can’t Cancel Bail Unless There is Violation of Bail Conditions or Accused Impedes Fair Trial  ||  Guidelines Issued by Delhi High Court for Trial Court Judges to Decide Transfer Applications  ||  P&H HC: Presence of Magistrate Mandatory to Prove Compliance With Section 52A of the NDPS Act  ||  Meghalaya High Court: In a Sacred Relationship, Husband is the Property of the Wife and Vice Versa  ||  Kar HC: Disciplinary Authority Must Look Into Past Conduct of Workman While Passing Dismissal Order  ||  Ker. HC: Facts Indicating Special Knowledge Must be Estd. by Prosecution to Shift Burden of Proof  ||  Ker. HC: Facts Indicating Special Knowledge Must be Estd. by Prosecution to Shift Burden of Proof  ||  Ker. HC: Independent Evidence of Accomplice Sufficient in Itself to Sustain Conviction    

The Oriental Insurance Company Ltd. Vs. Munna Lal Agrawal and Ors. - (High Court of Allahabad) (17 Nov 2018)

In a case of composite negligence where liability is joint and several, it is choice of claimants to claim compensation from either of tortfeasor

MANU/UP/4238/2018

Motor Vehicles

Instant appeals arise out of the same accident. Tribunal fastened the entire liability upon the Insurance Company to pay compensation on the ground that, it was a case of composite negligence not a contributory negligence. Issue involved in present matter is regarding the sustainability of award passed by Tribunal.

The Tribunal was right in fastening entire liability upon the Insurance Company to pay compensation in the Claim Petition. It is settled in law that, in a case of composite negligence where the liability is joint and several, it is choice of the claimants to claim compensation from either of the tortfeasor. In the instant case, the claimant has chosen to claim compensation from the Mini Truck and as such there is no infirmity in the finding of the Tribunal on the issue of negligence.

The submissions of the counsel for the Appellant in respect of driving licence that, the driver of Truck was not authorized to drive transport vehicle, as he was driving a transport vehicle has no substance in view of the judgment of the Apex Court in the case of Mukund Dewangan vs. Oriental Insurance Company Limited, wherein the Apex Court has held that ,if a light motor vehicle falls in the category of transport vehicle, to drive such a vehicle, no endorsement by the licensing authority on the driving licence authorizing him to drive transport vehicles is required. Thus, the submissions on the issue of driving licence are rejected. Appeals dismissed.

Relevant : Mukund Dewangan vs. Oriental Insurance Company Limited MANU/SC/0797/2017

Tags : NEGLIGENCE   COMPENSATION   ENTITLEMENT  

Share :        

Disclaimer | Copyright 2024 - All Rights Reserved