K S SASIDHARAN ALIAS SASINDRAN Vs. P SUKUMARAN

JUDGEMENT

(1.) APPELLANT in this case was injured in a motor accident. While he was sitting in the cabin of lorry bearing registration No. KLM 5455, bus No. KRP 1436 driven by the first respondent hit behind the lorry. Consequently, he suffered serious injuries. He filed claim petition claiming compensation of Rs. Four lakhs. The tribunal found that the accident occurred due to the negligence of the lorry driver as well as the bus driver. Since only driver, owner and insurance company of the bus were impleaded as parties, only 50% compensation calculated was awarded. The total compensation calculated was Rs. 54,240/- against a claim of Rs. Four lakhs. Out of Rs. 54,240/-, 50% was deducted and only balance Rs. 27,120/- was ordered to be paid to the claimant. It is the contention of the appellant/claimant that if the driver of the bus as well as the driver of the lorry are negligent, being joint tortfeasors, compensation can be directed to be paid by one of the tortfeasors, in this case the bus owner and insurer who are made parties and, in turn, they can recover it from the lorry driver, owner and insurer of the lorry, if it is insured depending upon the terms of the policy. It is also contended that the compensation awarded was too meager and it should be enhanced.

(2.) SECTION 7 of the Kerala Torts (Miscellaneous Provisions) Act, 1977 relied by the appellant in support of his contention provides as follows:

(3.) CONTRIBUTORY negligence, joint negligence and concurrent negligence are different. A person who is guilty of contributory negligence cannot claim damages from the opposite side. He is free to insure that liability also separately. All persons who aid or acting in concert or advise or conspire or join in the committal of a wrongful act are joint tortfeasors. Persons are not joint tortfeasors mainly because their independent, wrongful or neglect act have resulted common damage. Such persons are several tortfeasors even though their acts are concurrent. Joint liability arises under three circumstances: