insurance companies have to recover the compensation from
the family of tort-feasor himself.
(F) Your Lordships may kindly provide appropriate
directions filing executions where ... claimant can recover, at his option, whole damages
from any of the tort-feasors as, for the claimant, the apportionment
of the compensation
submitted that incase of composite negligence, the
apportionment of compensation between the tort
feasor vis-a-viz the claimant is not permissible and
claimant ... claimant is entitled to sue both or any one
of the joint tort feasors and to recover the entire
compensation as liability of joint tort
claim
petition. It was stated that the proposed party is a tort-feasor
and is required to be brought on record.
Page ... would be required to determine the extent of
negligence between the joint tort-feasors so that the inter se
liability can be determined and either
claimant is entitled to sue both or any one
of the joint tort feasors and to recover the entire
compensation as liability of joint tort ... case of composite negligence,
apportionment of compensation between two tort
feasors vis a vis the plaintiff/claimant is not
permissible. He can recover
claimant is entitled to sue both or
any one of the joint tort feasors and to
recover the entire compensation as liability
of joint tort ... case of composite negligence,
apportionment of compensation between
two tort feasors vis-a-vis the
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electrocution, therefore,
legal heirs of the deceased filed suit of tort for getting the
amount of compensation from the respondent authorities.
Notice was issued ... submitted that legal
heirs of the deceased Jinabhai filed a suit of tort to recover the
amount of compensation from the respondent Board. After
considering
claimant is
entitled to sue both or any one of
the joint tort feasors and to
recover the entire compensation as
liability of joint tort ... case of composite
negligence, apportionment of
compensation between two tort
feasors vis a vis the
plaintiff/claimant is not
permissible. He can recover
well settled that though
compensation can be awarded in absence of all tort feasors
more particularly, when there is no composite negligence
between two tort ... there is no evidence
regarding negligence of applicant, when one of the tort feasor
has brought to the notice of the Court that it would
claimant is entitled to sue both or any
one of the joint tort feasors and to recover the
entire compensation as liability of joint tort ... case of composite negligence,
apportionment of compensation between two
tort feasors vis a vis the plaintiff/claimant is
not permissible. He can recover
liability in private law for
payment of compensation in an action on tort. It may be
mentioned straightaway that award of compensation in a
proceeding ... available as a defence in private law in an
action based on tort. This is a distinction between the two
remedies to be borne
