[Composite Negligence] Motor Accident Victim Can Choose To Claim Compensation From Owner Of One Of Two Vehicles Involved: Bombay High Court

The Bombay High Court recently held that a claimant in a motor accident case is not obligated to claim compensation from owner of the vehicle he was travelling in and is allowed to only seek compensation from owner of the other vehicle involved in the accident.

Justice Sandeep Marne observed that in cases of composite negligence, the claimant has the right to sue only one of the joint tortfeasors.

“It appears that the motor car is owned by one of the claimants. This is the plausible reason why the claimants do not want to implead the owner or insurer of motor-car. Be that as it may be, since the law permits a claimant to sue one of the two joint-tortfeasors, such a claimant cannot be forced by the Tribunal to seek relief against the other joint-tortfeasors also”, the court observed.

The case revolves around a motor accident involving a motor car and a truck. The claimants, who are either injured or heirs of deceased in the accident, sought compensation from the owner and insurer of the truck. However, the New India Assurance Company, the truck’s insurer, contended that the owner and insurer of the car should also be impleaded as parties. The Tribunal directed the claimants to join the owner and insurer of the car as opposite parties. Thus, the claimants filed the present writ petition challenging the Tribunal's order.

Advocate Rushabh S Vidyarthi for the claimants argued that they are the dominus-litis (masters of the suit), and cannot be compelled to seek relief against undesired parties. He contended that the claimants believed the driver of the truck was responsible for the accident, and therefore, only the owner and insurer of the truck should be held liable for compensation. He further pointed to a Tribunal order dated November 9, 2022, concerning a claim by one Uma Naidu arising from the same accident. In that case, the Tribunal impleaded the insurer of the car but ultimately held the insurer of the truck solely liable to pay compensation. Thus, Vidyarthi contended that impleading the owner or insurer of the car would be futile.

Advocate Jyoti Bajpayee for the New India Assurance Company argued that it will prove before the Tribunal that the car’s driver was responsible for the accident. Therefore, it should not be solely directed to bear the compensation, if any is payable. She pointed out that in Uma Naidu's claim, the insurer of the car was a party.

The court referred to Supreme Court judgment in Khenyei v. New India Assurance Company Ltd. which clarified that in cases of composite negligence of two vehicles, it is entirely within the claimant's rights to sue one of the joint tortfeasors. This is based on the principle that the liability of joint tortfeasors is joint and several, allowing the claimant to recover the entire compensation from any one of them. Therefore, the law permits claimants to choose which party to sue, and they cannot be compelled by the Tribunal to implead the other joint tortfeasors.

The court emphasized that since the law allows claimants to sue one of the joint tortfeasors in cases of composite negligence, they cannot be forced to seek relief against other joint tortfeasors.

The court also pointed out that in Uma Naidu's claim related to the same accident, the Tribunal directed only the truck’s insurance company to bear the entire compensation.

Thus, the court set aside the Tribunal's order dated November 29, 2019. The claimants were not forced to implead the owner or insurer of the motor car.

Case no. – Writ Petition No. 1173 of 2020

Case Title – Shri. G. Chandrashekharan Shivam And Ors. v. Rajkumar Agarwal & Ors.

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