COMPOSITE NEGLIGENCE IN MOTOR VEHICLES ACT, 1988.

COMPOSITE NEGLIGENCE IN MOTOR VEHICLES ACT, 1988.

When two vehicles are involved in an accident, and the accident is caused by the negligence of the drivers of both the vehicles, it is called as composite negligence.

For example in head - on – collision between two vehicles cases, court fixes negligence on part of both drivers. Both the drivers of the vehicles have to be held equally negligent at 50:50.which is clearly stated in 2019 (2) TNMAC 672.

Suppose a 2 trucks and a car are involved in an accident. Truck driver in high speed dashed against car from opposite direction. Accident due to contributory negligence of another truck parked wrongly on the road. Drivers of both trucks held to be negligent in driving and by parking wrongly and causing accident. This is clearly explained in 2019(2) TNMAC 758.

Suppose the claimant in a motor accident claims case travels along with his family members in transport corporation bus. Bus driven in high speed dashed against parked lorry. Claimant suffered multiple injuries. Tribunal found transport corporation bus solely responsible for accident. When finding of tribunal is challenged, the evidence is gone through. The evidence of  RW 1 / bus driver was that the lorry going  ahead of the bus suddenly stopped and parked without proper signal and parking lights. criminal case registered against drivers of both the vehicles, and both held to be negligent as per charge sheet. Finding of tribunal relying upon FIR and admissions of PW1 held, not justified. Drivers of both the vehicles liable for negligent act. Liability fixed on both drivers of bus and lorry at 50:50, which has been discussed in 2019(2) TNMAC 565