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Machindranath Kernath Kasar vs D.S. Mylarappa & Ors on 29 April, 2008

519) and also as to joint tortfeasors. This Court has referred to Charlesworth and Percy on Negligence as to cause of action in regard to joint tortfeasors thus: (Machindranath Kernath Kasar case ((2008) 13 SCC 198 : (2009) 3 SCC (Cri) 519), SCC p. 212, para 42) "42. Joint tortfeasors, as per 10th Edn. of Charlesworth and Percy on Negligence, have been described as under:
Supreme Court of India Cites 17 - Cited by 68 - S B Sinha - Full Document

The Oriental Insurance Company Limited vs Meena Variyal & Ors on 2 April, 2007

Learned Senior Counsel relied on Meena Variyal's case (supra) to buttress his argument that the provisions of the Motor Vehicles Act are still based on tortious liability. He took support from that decision to submit that the Tribunal cannot forget the basic principles of establishing liability and establishing the quantum of compensation payable.

Khenyei vs New India Assurnace Co.Ltd.& Ors on 7 May, 2015

Learned Senior Counsel for the petitioner also filed a copy of the Black's Law Dictionary, (Ninth Edition) showing the meaning given to "tortfeasor" and "joint tortfeasors". Though the learned Senior Counsel drew the attention of this Court to the above cases, this Court, after going through the ratio decided in Khenyei's case (supra), thought that the issues raised by the learned Senior Counsel are substantially covered in the said decision. The lower Court dismissed the applications of the petitioner herein relying on the said decision only and its reliance on the said decision for dismissal of the applications appears to be correct in view of the reasons given below.
Supreme Court of India Cites 15 - Cited by 600 - A Mishra - Full Document

M/S Haabia Advertising India Pvt. Ltd vs United India Insurance Co. Ltd. & Anr on 30 March, 2009

There is no material to show that the proposed parties are joint tort feasors. Even if it is assumed that some of the proposed parties are joint tort feasors, in their absence also a finding can be recorded with regard to the entitlement of the claimants and the petitioner herein can recover the amount which it was forced to part with due to the role of other joint tort feasors by initiating separate proceedings. But, the summary proceedings in a claim petition arising out of a motor vehicle accident cannot be enlarged and the Tribunal cannot be asked to give a finding with respect to the role of other parties in the accident. The reliance on United India Insurance Company Limited's case (supra) is of no avail as that case arose out of an accident caused by Jayanthi Janatha Express hitting a passenger bus at the unmanned level crossing. The decision was rendered on the facts of that case only and it cannot be extended to the authorities like National Highways Authority of India Limited who undertake laying of the roads.
Supreme Court of India Cites 1 - Cited by 3 - Full Document
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