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january 2014

Supreme Court of India · 2014-01-29

PAWAN KUMAR vs M/S HARKISHAN DASS MOHAN LAL .

Citation / case number
SC 2006/27504
Court
Supreme Court of India
Petitioner
PAWAN KUMAR
Respondent
M/S HARKISHAN DASS MOHAN LAL .
Author
RANJAN GOGOI
Bench
P SATHASIVAM,RANJAN GOGOI,SHIVA KIRTI SINGH

Judgment text excerpt

The Supreme Court addressed the apportionment of liability under the Motor Vehicles Act, 1988, specifically challenging the High Court's decision to assign 70% liability to the truck and 30% to the jeep. The Court held that in cases of composite negligence involving third parties, the drivers/owners should be jointly and severally liable for compensation, rather than apportioning liability based on contributory negligence. The appeal was allowed, and the High Court's order was set aside, establishing the principle of joint liability in such cases.

PAWAN KUMAR vs M/S HARKISHAN DASS MOHAN LAL . · Niyam