Supreme Court of India · 2015-05-07
KHENYEI vs NEW INDIA ASSURNACE CO.LTD..
- Citation / case number
- SC 2010/14225
- Court
- Supreme Court of India
- Petitioner
- KHENYEI
- Respondent
- NEW INDIA ASSURNACE CO.LTD..
- Author
- H.L. DATTU,S.A. BOBDE,ARUN MISHRA
- Bench
- H.L. DATTU,S.A. BOBDE,ARUN MISHRA
Judgment text excerpt
The Supreme Court ruled that in cases of composite negligence, a claimant can recover the entire compensation from any one of the joint tortfeasors, regardless of their respective degrees of negligence. The court emphasized that the liability of joint tortfeasors is joint and several, meaning the claimant is entitled to full recovery from any solvent defendant. The court held that apportionment of compensation among tortfeasors is impermissible, reinforcing the principle that the claimant can target the most accessible defendant for recovery.