Claimant can sue both or anyone of joint tortfeasors - Claimant can at his option recover entire damages from anyone of them - In case both tortfeasors are impleaded and apportionment/extent of the irnegligence determined by court/tribunal -One joint tort feasor can recover amount from other in execution proceedings

Citation

2015(1) TNMAC 801

Khenyei vs New India assurance company limited 

AIR 2015 SUPREME COURT 2261

FULL BENCH

SUPREME COURT

H. L. DATTU , C.J.I. and S. A.

BOBDE , J. and ARUN MISHRA , J.

Civil Appeal No. 4244 of 2015 (arising out of

SLP (C) No. 14015 of 2010), D/- 7 - 5 - 2015

Khenyei v. New India Assurance Co. Limited and Ors.

(A)Motor Vehicles Act (59 of 1988), S.168,

S.149 - Compensation - Accident - Composite negligence - Liability of tortfeasors was joint and several - Claimant can sue both or any

one of joint tortfeasors - Claimant can at

his option recover entire damages from any

one of them - In case both tortfeasors are

impleaded and apportionment/extent of their

negligence determined by court/tribunal -

One joint tort feasor can recover amount

from other in execution proceedings. Torts -

Accident - Composite negligence - Liability of

joint tortfeasors