Wrongdoers Are Equally Liable In Composite Negligence | Contributory Negligence | The National TV

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Introduction

Composite Negligence means when a person suffers due to the negligence of two or more persons and they will be equally liable for compensation. While Contributory Negligence means when a person suffers due to his and others' negligence and they all are equally liable for the action.

 

 

Case - T.O Anthony v. Karvarna (2008)

 

Fact - A driver filed a petition at Motor Accident Claims Tribunal against another private bus driver who came from the opposite side and they met with an accident. He claimed Rs 2,50,000 as compensation.

 

Held - The tribunal held that the accident occurred due to negligence of both drivers and it is composite negligence and contributory negligence. Both the drivers are equally liable. So they have to equally distribute loss among them. The tribunal determined the compensation as Rs 78,500 and deducted 50% as both were liable An amount of 39,250 was awarded to the drivers with interest at the 12% per annum. It was held that in case of contributory negligence, the injured party is not required to prove the responsibility of each wrongdoer separately.

 

Criticism - But this Judgement by Tribunal was criticized as In composite negligence the party is injured due to negligence of two or more parties. And if the person claiming compensation for the negligence and he too had committed negligence then if is contributory negligence. The principle of composite negligence won't be applied nor the loss would be distributed among them equally. But the High court still failed to correct the errors of the tribunal.

 

 

 

 

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