P&H: In Motor Accident case Treats Passenger Death As Composite Negligence, Enhances Award To Rs 20.66 Lakh But Limits Insurer’s Liability To 50%

Motor Vehicles Act, 1988, S.166 — Accident - Compensation - Contributory negligence  - In a claim by a passenger of one of vehicles, case falls within composite negligence and not contributory negligence — Apportionment of 50% each operates only for inter se adjustment between joint tortfeasors...

Motor Vehicles Act, 1988, S.166, Evidence Act, 1872, S.114 — Accident - Compensation  — Adverse inference — Best evidence withheld — Driver of  car, a material witness not produced despite summons in connected proceedings and not impleaded in the claim — Court draws adverse inference against claimants in sustaining...

Motor Vehicles Act, 1988, S.166 — Accident - Total compensation - Monthly income of deceased taken at Rs 8,000 with 50% addition towards future prospects — Deduction of 1/4th  towards personal expenses considering five dependents — Multiplier of 17 applied for age 27 — Conventional sums granted...

Words and Phrases — “Composite negligence” — Where injury or death is caused by negligence of two or more wrongdoers, each is jointly and severally liable and the claimant may recover the whole compensation from any one of them. (Para 10)