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2014 (1) TMI 1940 - SUPREME COURTPrinciple of contributory negligence - composite negligence - though the claim for compensation has been upheld, the liability to pay the same has been apportioned between the drivers/owners of the two vehicles involved in the motor accident. Appellants contend that as they were third parties to the claim, the High Court ought to have made the drivers/owners of the vehicles jointly and severally liable to pay compensation. HELD THAT:- Where the Plaintiff/claimant himself is found to be a party to the negligence the question of joint and several liability cannot arise and the Plaintiff's claim to the extent of his own negligence, as may be quantified, will have to be severed. In such a situation the Plaintiff can only be held entitled to such part of damages/compensation that is not attributable to his own negligence. In the present case, neither the driver/owner nor the insurer has filed any appeal or cross objection against the findings of the High Court that both the vehicles were responsible for the accident. In the absence of any challenge to the aforesaid part of the order of the High Court, we ought to proceed in the matter by accepting the said finding of the High Court. From the discussions that have preceded, it is clear that the High Court was not correct in apportioning the liability for the accident between drivers/owners of the two vehicles. The drivers/owners of both the vehicles are jointly and severally liable to pay compensation and it is open to the claimants to enforce the award against both or any of them. The order of the High Court dated 05.07.2006 is modified - Appeal allowed.
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