Advo Anand Chakravarthi

Advo Anand Chakravarthi Law

26/09/2024
28/08/2023

From AIR

In a compensation case arising from an accident between a matador and a car, where the offending vehicle was not insured, the issue of liability of the insurer was considered. The concept of composite negligence was examined, requiring the establishment of negligence from multiple parties to attribute liability. In this case, the claimants failed to present evidence or pleadings indicating that the accident resulted from combined negligence, and police records did not suggest such negligence either. As a result, the Bombay High Court in AIROnline 2023 BOM 968 held that neither the insurer of the offending vehicle nor the insurer of the deceased's vehicle were held liable to pay compensation, as the required elements for establishing composite negligence were not met.

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