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2015 (10) TMI 2528 - SUPREME COURT

2015 (10) TMI 2528 - SUPREME COURT - 2015 (9) JT 540, 2015 (12) SCALE 49 - Compensation for accident - Held that:- The evidence on record of Ram Parshad PW2 and Devender PW.3. The method and manner in which the accident has taken place leaves no room for doubt that it was a case of composite negligence of drivers of both the vehicles, that is the driver of Maruti car and driver of tempo. Though Police has registered a case against driver of the tempo Attar Singh and has filed a chargesheet but t .....

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om for doubt that both the drivers were negligent. Man may lie but the circumstances do not is the cardinal principle of evaluation of evidence. No effort has been made by the High Court to appreciate the evidence and method and manner in which the accident has taken place. Both the aforesaid witnesses have stated Maruti Car was in excessive speed. However, it appears driver of tempo also could not remove his vehicle from the way of Maruti Car. Thus, both the drivers were clearly negligent. It a .....

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High Court by the claimants. It would be open to the claimants to recover the entire amount from any of the respondents, that is from owner, driver and insurer of the Maruti car or respondent No.4, driver of the tempo as their liability is joint and several with respect to claimants. It would be open to the respondents to settle their inter se liability as per the aforesaid decision of this Court. Appeal is allowed. - CIVIL APPEAL NO.8879 OF 2015 - Dated:- 27-10-2015 - H.L. Dattu and Arun Mishra .....

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the driver, owner and insurer of Maruti Car No.DL4CC -5172 and driver of three-wheeler Tempo No.HRH-3572. The compensation of ₹ 12 lakhs was prayed on account of the death of Rishi Parkash in the accident dated 8.5.2003 caused due to the collision between Maruti car and tempo. Maruti car was driven by Rajinder Singh whereas the tempo was driven by Attar Singh, respondent No.4. Deceased Rishi Parkash was travelling in the tempo towards village Naina Tatarpur. As per the claimant Attar Singh .....

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s working as a Supervisor in Emkay & Co. He was receiving a salary of ₹ 4,500 per month. Maruti car was owned by Hukam Chand and insured with Oriental Insurance Co. Ltd. 4. The owner and driver of the Maruti car contended that the accident was the outcome of rash and negligent driving of Attar Singh, driver of the tempo. Police had found on due investigation that Attar Singh was negligent. Chargesheet was also filed against Attar Singh. The insurer in its separate written statement als .....

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Ram Parshad, Claimant Witness PW-2 has admitted that after investigation Police has found Attar Singh to be negligent and he was chargesheeted. Attar Singh examined himself and his statement has not been relied upon mainly on the ground that as he has admitted that he was facing criminal trial. The Claims Tribunal found that Attar Singh driver of the tempo, was negligent, determined the quantum of compensation at ₹ 5,81,000/- with interest at the rate of 6% per annum from the date of fili .....

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ave not set up the case of negligence against Attar Singh. As such the High Court has allowed the appeal filed by Attar Singh driver of the tempo and has dismissed the claim petition. Aggrieved thereby the appeal has been preferred by the claimants. 8. We have heard learned counsel for the parties and perused, inter alia, the evidence on record of Ram Parshad PW2 and Devender PW.3. The method and manner in which the accident has taken place leaves no room for doubt that it was a case of composit .....

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ewitnesses, PW.2 and PW.3 assumes significance. The fact remains that car had dashed the tempo on the middle portion near footstep. Thus the method and manner in which the accident has taken place leaves no room for doubt that both the drivers were negligent. Man may lie but the circumstances do not is the cardinal principle of evaluation of evidence. No effort has been made by the High Court to appreciate the evidence and method and manner in which the accident has taken place. Both the aforesa .....

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composite negligence has been considered by a 3 Judges bench of this Court in Khenyei v. New India Assurance Co. Ltd. & Ors. (AIR 2015 SC 2261) wherein following propositions have been laid down : (i) In the case of composite negligence, plaintiff/claimant is entitled to sue both or any one of the joint tort feasors and to recover the entire compensation as liability of joint tort feasors is joint and several. (ii) In the case of composite negligence, apportionment of compensation between t .....

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