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Law of Torts Brief facts - The main question which arises for consideration in these appeals is, whether it is open to a claimant to recover entire compensation from one of the joint tort feasors, particularly when in accident caused by composite negligence of drivers of trailor-truck and the bus has been found to 2/3 rd and 1/3 rd extent respectively - In the instant case the injuries were sustained by the claimants when two vehicles bus and trailor-truck collided with each other - The new india assurance co.ltd. is admittedly the insurer of the bus. However on the basis of additional evidence adduced, the High Court has come to the conclusion that the New India Assurance Co. Ltd. is not the insurer of trailor truck hence is not liable to satisfy 2/3 rd of the award - Held it is a case of composite negligence of the point tort feasors, all the persons who aid or counsel or direct or joint in committal of a wrongful act, are liable- further held-
In the case of composite negligence plaintiff claimant is entitled to she both or any one of the tort feasors and recover the entire compensation as liability of joint tort feasors is joint and saveral.
In the case of composite negligence, appointment of compensation between two tort feasors. the plaintiff claimant is not permissible the can recover at his option whole damages form any of them.