Tribunal found that the accident was the result of the composite negligence of the drivers of both the lorries and fixed a compensation of Rupees ... finding is that the accident was the result of the composite negligence. It is submitted that the Tribunal ought to have decided the percentage
compensation
awarded by the Tribunal and the fixation of the composite
negligence on the part of the two vehicles, the petitioners
are in appeal ... Tribunal ought to
have followed the said ratio and fixed the composite
negligence at least to the extent of 50% each on both the
vehicles
Court
had made a clear distinction between composite negligence
and contributory negligence as under.
"Composite negligence" refers to the negligence
on the part ... negligence on the part of another
person or persons and partly as a result of his own
negligence, then the negligence on the part
between composite negligence and contributory negligence.
Paragraph 6 of such decision is relevant in this context to extract
which reads thus:
"Composite negligence ... negligence on the part of another person or persons,
and partly as a result of his own negligence, then the
negligence on the part
contributory negligence and there is no such finding in the impugned
awards. There is clear distinction between `contributory negligence'
and `composite negligence ... described as
`negligence'. Negligence ordinarily means breach of a legal duty to
care, but when used in the expression "Contributory negligence
autorickshaw, which was
moving in the correct direction. Hence, no composite negligence
can be attributed to the driver of the autorickshaw as claimed ... negligence was composite or not. Even in the award passed, the
tribunal has not considered the issue regarding composite
negligence. The Tribunal found that since
fastened
upon the owner of the vehicle. Even though composite
negligence is found against both drivers, the percentage
of liability was not fixed ... negligence' refers to the negligence
on the part of two or more persons. Where a
person is injured as a result of negligence
driving their vehicles rashly, negligently and it was a case of composite negligence, that is, contributory negligence on the part of Pangunni. The Tribunal assessed ... directed payment in equal moieties on the basis of composite negligence of the drivers of the two vehicles. The Tribunal held that Mohandas
driver of the car. In
other words, whether there is composite negligence. There cannot be
any doubt with respect to the position that the road ... caused to the car, we are of the
considered view that composite negligence of both the driver of the
car and the rider
Tribunal, the Tribunal found
that the accident occurred due to the composite negligence of the
drivers of both the vehicles involved and apportioned the negligence ... composite negligence as also the
apportionment of negligence, as perverse inviting interference.
10. We are also fully aware that in a case of composite
negligence
