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.