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Case Study

This case summary discusses a 2015 case (Khenyei vs New India Assurnace Co.Ltd.) regarding composite negligence from multiple tortfeasors in an accident. The key points are: - It was a case of composite negligence where an accident injured plaintiffs due to the mixed actions of multiple negligent parties (joint tortfeasors). - In composite negligence cases, all parties who aid, direct, or participate in the wrongful act are liable. Liability is joint and several, regardless of negligence levels. - The court can determine liability proportions between tortfeasors for settling their own claims, but plaintiffs can recover all damages from any single solvent defendant. - Apportioning damages between

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Aryan Chandra Shandilya
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40 views

Case Study

This case summary discusses a 2015 case (Khenyei vs New India Assurnace Co.Ltd.) regarding composite negligence from multiple tortfeasors in an accident. The key points are: - It was a case of composite negligence where an accident injured plaintiffs due to the mixed actions of multiple negligent parties (joint tortfeasors). - In composite negligence cases, all parties who aid, direct, or participate in the wrongful act are liable. Liability is joint and several, regardless of negligence levels. - The court can determine liability proportions between tortfeasors for settling their own claims, but plaintiffs can recover all damages from any single solvent defendant. - Apportioning damages between

Uploaded by

Aryan Chandra Shandilya
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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THE ICFAI UNIVERSITY DEHRADUN

Summer Internship Program 2021

CASE STUDY

NAME- ARYAN CHANDRA SHANDILYA


YEAR- 1ST YEAR
SEMESTER- 2ND
ENROLLMENT I’d- 20FLICDDN02055

SUBMITED TO- Mr. RAJEEV RANJAN

Case - Khenyei vs New India Assurnace Co.Ltd. (2015)


Introduction
It's far a case of composite negligence wherein accidents have been precipitated to the
claimants by using the mixed wrongful act of joint tortfeasors. In the case of an accident
because of the negligence of joint tortfeasors, all of the persons who aid or recommend or
direct or be part of within the committal of a wrongful act, are dependable. In this sort of
case, the liability is always joint and several. The volume of negligence of joint tortfeasors in
this type of case is immaterial for the delight of the claim of the plaintiff/claimant and want
now not be determined by using the court docket. But, in case all of the joint tortfeasors are
before the court docket, it could determine the extent of their legal responsibility for the
reason of fixing inter-se equities among them at the proper stage. The legal responsibility of
every and every joint tortfeasor vis a vis to plaintiff/claimant can not be bifurcated as it's far
joint and several liability. Within the case of composite negligence, apportionment of
repayment among tortfeasors for making fee to the plaintiff isn't permissible because the
plaintiff/claimant has the proper to get better the complete amount from the perfect
targets/solvent defendant.

Bench
H.L. Dattu, s.A. Bobde, Arun Mishra

Date of judgement
7 may additionally, 2015

Case number
Civil attraction no.4244 of 2015

Data on the case


On 29.7.2003, all the claimants had been journeying in bus no. Nl-06/b/0027. At the
applicable point of time, the trailor truck became sporting iron beams and coming from the
alternative path and one iron beam got here out of the frame of the truck and this iron beam
perforated proper facet of the body of the bus inflicting grievous injuries to a good quantity of
passenger consisting of the claimant. Therefore, the injured men and women filed the claim
cases alleging that the motive force of the trailor-truck turned into liable for the aforesaid
twist of fate. It changed into in particular averred that the driving force of the truck drove the
automobile in a rash and negligent manner. Besides this, as in step with the claim cases after
investigation fee-sheet became additionally filed against the driver of the trailer truck.

Issues before the courtroom


1. The question arises that whether someone is injured with none fault of his own, but by way
of the blended results of the negligence of individuals of whom the only isn't answerable for
the alternative?

2. The second query arises that what is the remedy of a tort feasor who has glad the award,
but who does not realize the particulars of the vehicle which was chargeable for the
coincidence?

Judgment of The Honourable Court


The court observes that it's far a case of composite negligence where injuries had been caused
to the claimants via mixed wrongful act of joint tortfeasors. In a case of accident caused by
negligence of joint tortfeasors, all of the individuals who useful resource or counsel or direct
or join in committal of a wrongful act, are liable. In such case, the liability is continually joint
and numerous. The extent of negligence of joint tortfeasors in this type of case is immaterial
for delight of the declare of the plaintiff/claimant and want no longer be determined by way
of the courtroom. However, in case all the joint tortfeasors are before the courtroom, it is able
to decide the volume in their liability for the motive of fixing inter-se equities between them
at suitable degree. The legal responsibility of every and each joint tortfeasor vis a vis to
plaintiff/claimant can't be bifurcated as it's miles joint and numerous liability. Inside the case
of composite negligence, apportionment of repayment between tortfeasors for making
payment to the plaintiff isn't always permissible as the plaintiff/claimant has the right to
recover the complete amount from the perfect objectives/solvent defendant.

A complete bench of madhya pradesh high court docket in smt. Sushila bhadoriya & ors. V.
M.P. State road shipping corpn. & anr. Has also laid down that during case of composite
negligence, the liability is joint and several and it's far open to implead the driver, proprietor
and the insurer one of the cars to recover the whole amount from one of the joint tortfeasors.

Held
Within the case of composite negligence, plaintiff/claimant is entitled to sue each or anyone
of the joint tortfeasors and to recover the whole repayment as legal responsibility of joint
tortfeasors is joint and several.

(ii) within the case of composite negligence, apportionment of repayment among tortfeasors
the plaintiff/claimant isn't always permissible. He can recover at his alternative complete
damages from any of them.

(iii) in case all of the joint tortfeasors were impleaded and evidence is enough, it is open to
the court docket/tribunal to decide inter se extent of composite negligence of the drivers.
However, determination of the volume of negligence between the joint tortfeasors is most
effective for the cause in their inter se liability so that one may get better the sum from the
alternative after making complete of fee to the plaintiff/claimant to the extent it has happy the
liability of the alternative. In case each of them have been impleaded and the apportionment/
quantity in their negligence has been determined with the aid of the court/tribunal, in primary
case one joint tortfeasor can recover the quantity from the opposite within the execution
complaints.

(iv) it'd now not be appropriate for the courtroom/tribunal to decide the volume of composite
negligence of the drivers of motors in the absence of impleadment of different joint
tortfeasors. In any such case, impleaded joint tortfeasor ought to be left, in case he so dreams,
to sue the other joint tortfeasor in unbiased lawsuits after passing of the decree or award.

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