NEGLEGENCE IN MOTOR ACCIDENT CASE

*Composite negligence*

Motor Vehicles Act (59 of 1988) S.168 — Liability to pay compensation — Composite negligence — Collision between car and tempo — Car came from opposite side and struck tempo in between near footstep — Both witnesses stated that Car was in excessive speed — However, it appears driver of tempo also could not remove his vehicle from the way of Car — Thus, both the drivers were clearly negligent — It is case of composite negligence — Both the drivers were joint ‘ tort feasors’ — Liable to make payment of compensation — Fact that police has registered case against driver of tempo and filed charge- sheet — Immaterial. (Para 8)

Kamlesh and others
vs Attar Singh and others
Supreme Court of India [ DB ]
Civil Appeal No. 8879 of 2015
Decided on 27/10/2015
2015 AIR SCW 6158

REGARDS,

SHEKHER kAUSHIK (ADVOCATE)