Supreme Court Judgment – Khenyei vs New India Assurance Co. Ltd. & Ors

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4244 OF 2015
[Arising out of SLP (C) No.14015/2010]
Khenyei … Appellant
VERSUS
New India Assurance Co. Ltd. & Ors. … Respondents

The Supreme Court of India set aside the Judgment of the High Court and held that It would not be appropriate for the court/tribunal to determine the extent of composite negligence of the drivers of two vehicles in the absence of impalement of other joint tort feasors. In such a case, impleaded joint tort feasor should be left, in case he so desires, to sue the other joint tort feasor in independent proceedings after passing of the decree or award. Therefore allowed the appeal…Read More