KHENYEI Vs. NEW INDIA ASSURANCE CO. LTD. AND ORS.
LAWS(SC)-2015-5-26
SUPREME COURT OF INDIA
Decided on May 07,2015

Khenyei Appellant
VERSUS
New India Assurance Co. Ltd. and Ors. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) In the appeals, the main question which arises for consideration is, whether it is open to a claimant to recover entire compensation from one of the joint tort feasors, particularly when in accident caused by composite negligence of drivers of trailor-truck and bus has been found to 2/3rd and 1/3rd extent respectively.
(3.) In the instant cases the injuries were sustained by the claimants when two vehicles bus and trailor-truck collided with each other. The New India Assurance Co. Ltd. is admittedly the insurer of the bus. However, on the basis of additional evidence adduced the High Court has come to the conclusion that the New India Assurance Co. Ltd. is not the insurer of the trailor-truck, hence is not liable to satisfy 2/3rd of the award.;


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