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may 2015

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.

KHENYEI vs NEW INDIA ASSURNACE CO.LTD.. · Niyam