SUSHILA BHADORIYA Vs. M P STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) This case is referred to the larger Bench to settle the question whether apportionment is permissible in case of composite negligence. This court has decided a number of cases on the question of composite negligence and due to divergent views pertaining to composite negligence, the dispute is referred to the larger Bench.

(2.) First case decided on this question is of Manjula Devi Bhuta v. Manjusri Raha, 1968 ACJ 1 (MP). In this case, the court considered types of negligence including composite negligence and contributory negligence and after considering the difference between contributory negligence and composite negligence, it is held that when the victim has suffered injuries or death is caused on account of act of two vehicles without his fault, then claimant is free to choose any of the joint tortfeasors and claim compensation from him. While considering this aspect, it is held that in our view where as a result of collision between two motor vehicles, a person other than their driver, is injured, the Tribunal will not fix contribution as between the persons liable (apart from specifying the liability of the insurer).

(3.) In the case of Gujarat State Road Trans. Corpn. v. Shardabai, 1997 ACJ 649 (MP), Division Bench of this court while interpreting the judgment in the case of Manjula Devi Bhuta, 1968 ACJ 1 (MP), has held that claimant has right to recover whole amount of the compensation from the owner of one vehicle without impleading the owner and driver and insurance company of the other vehicle.