Gauhati HC: DRT Has to Dispose of Application under Section 17 of SARFAESI Act as per RDB Act  ||  Kerala HC: Showing or Waving Black Flag to a Person Cannot Amount to Defamation  ||  Del. HC: Merit Based Review of Arb. Award Involving Reappraisal of Factual Findings is Impermissible  ||  Del. HC: It is the Product and Not the Technology Used that Determines HSN Classification  ||  P&H HC: Provis. of Punjab Recruitment of Ex-Servicemen (First Amendment) Rules are Unconstitutional  ||  Cal HC: High Time that Irretrievable Breakdown of Marriage be Read as Grounds of Desertion & Cruelty  ||  Supreme Court: Third Party Can File SLP Against Quashing Of Criminal Proceedings  ||  SC: Absolute Ownership in Property as Per HSA Can’t be Claimed by Woman with Limited Interest  ||  SC: Can’t Forego Fundamental Requirements of Election of Society in Absence of Specific Provisions  ||  SC: Special Efforts Should be Made to Identify Women Prisoners Eligible for Release u/s 479 of BNSS    

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