ground, the court has referred to some passages in the Law of Torts by Ratanlal and Dhirajlal and Charlesworth on Negligence by R.A. Percy ... drivers and owners cannot be considered as joint tortfeasors as the tort is not the result of a common design or intent and that they
wherein it has- been ruled that a claim made against a tort feasor for damages respecting personal injuries does not survive on his death ... Court has dealt with causes of action of an injured in a tort surviving or otherwise on the death of the injured to his legal
entitled to recover compensation from either of the joint tort-feasors.
3. When these appeals along with connected appeals were posted for hearing, the Division ... become funclus officio for making any further proceedings like impleading the tort-feasor or initiating action against him legally impermissible?
2. What is the remedy
incorporated by the Parliament in the 1988 Act. Initially claims based on tort were filed under common law in Civil Courts. Road accidents have become ... Moreover, a look at the latest standard books on the law of torts also reveals that when and even if importing the notion of torts
compensation and, on the principle of vicarious liability in tort, the owner also becomes liable and their liability is joint and several and, therefore ... responsible for the accident and on the principle of vicarious liability in torts of the master, the owners of all those vehicles are several tortfeasors
raised that defendant No. 1 is not liable to be sued in tort for acts done in exercise of sovereign functions. The quantum of damages ... action lies against the Union of India in respect of a tort committed by the servants of the Postal Department in the course of discharge
damages against the owner of the vehicle under the Law of Torts. It is contended that the foundation for liability for a claim petition ... compensation under Chapter XII of the Act , is in the Law of Torts; and the provisions of Chapter XII merely provide a forum of adjudication
fortuitous circumstances of the accident and the result of the death. The tort-feaser cannot be allowed to take the benefit of the pension received ... certain off-quoted passages from two English decisions to contend that a tort-feasor who is found liable to pay compensation, cannot claim as deduction
said Act can maintain an action for damages against the tort-feasors. The second group of cases takes a via media view. In that ... maxim 'actio personalis mortur cum persona' in the law of torts. The common law in England which rested on the fundamental principle that
vehicle then the driver and the owner will be the joint tort-feasors whereas the insurer will be liable to make good the compensation ... vehicle is not insured, like in the present case, both the joint tort-feasors can be proceeded against under Section
