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january 2014

Supreme Court of India · 2014-01-29

Pawan Kumar & Anr vs M/S Harkishan Dass Mohan Lal & Ors

Citation / case number
AIR 2014 SC (SUPP) 1922
Court
Supreme Court of India
Petitioner
Pawan Kumar & Anr
Respondent
M/S Harkishan Dass Mohan Lal & Ors
Author
Ranjan Gogoi
Bench
Shiva Kirti Singh, Ranjan Gogoi, P. Sathasivam

Judgment text excerpt

The Supreme Court held that in cases of composite negligence under the Motor Vehicles Act, 1988, the drivers/owners of both vehicles involved in an accident should be held jointly and severally liable for compensation, rather than apportioning liability based on contributory negligence. The Court found that the High Court's decision to allocate 70% liability to the truck and 30% to the jeep was erroneous. The Court emphasized that third-party claimants should not suffer due to the apportionment of liability and directed that the full compensation be payable by the drivers/owners of both vehicles involved in the accident.

Pawan Kumar & Anr vs M/S Harkishan Dass Mohan Lal & Ors · Niyam