finding that there was a
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MFA No. 101222 of 2016
composite negligence on the part of both drivers including
the deceased. He further contended ... liability to pay compensation having arisen
due to composite negligence on the part of the deceased
and driver of the offending Truck, without owner
offending Bus challenges the award on the ground of
contributory/composite negligence, whereas the Claimant
challenges the award on the ground of inadequacy of
compensation ... that the doctrine of composite negligence and that
of contributory negligence stand on different footings from
each other; the composite negligence is held
adverted to the
contention of composite negligence, though two
vehicles were involved in this accident and the lorry in
question having been parked ... appearing for the claimants,
per contra, submits that the ground of composite
negligence in the circumstances does not avail to the
insurer; the compensation awarded
adverted to the
contention of composite negligence, though two
vehicles were involved in this accident and the lorry in
question having been parked ... appearing for the claimants,
per contra, submits that the ground of composite
negligence in the circumstances does not avail to the
insurer; the compensation awarded
ANOTHER AIR 2018 SC
592; the question of contributory negligence or
composite negligence does not avail so far as the
claim of the legal representatives ... found guilty of
contributory negligence. In other words, the
principle of contributory negligence is
confined to the actual negligence of the
plaintiff
material on
record to show that it was a case of composite negligence,
which the MACT has not addressed. Banking upon the
deposition ... Spot
Sketch at Ex.P4 to substantiate his case of composit
negligence.
4. Per contra, learned counsel appearing on the other
side submits that
vehicular accident, that happened on
10.06.2005, because of allegedly composite negligence of
two vehicles, Mini Tempo bearing Registration
No.KA-15/2010 and lorry bearing ... Krishna Swamy firstly contends that in a case of
composite negligence, obviously involving two vehicles, the
issue as to the composite negligence
ought to have
addressed the issue of composite negligence by allowing
the application of the appellant seeking impleadment of the
owner and insurer ... counsel fairly submits that the
whether it is a case for composite negligence or otherwise
is not a concern for the claimants since the deceased
which has put the same in challenge on the
ground of composite negligence and on the ground of award
of excessive compensation.
3. Learned panel ... there has
to be a fair treatment of the plea of composite negligence
afresh on the basis of the evidentiary material borne out by
record
question is of determining the
accident of contributory/composite negligence
attributable to these two offending vehicles involved in
the accident. The court keeps in mind ... aforesaid
discussion is as follows:
22.1. In the case of composite
negligence, the plaintiff/claimant is entitled to
sue both
