Supreme Court of India

Khenyei v. New India Assurance Co. Ltd. & Ors.

Neutral citation

Reported as [2015] 5 S.C.R. 158

Bench H.L. Dattu, S.A. Bobde and Arun Mishra JJ.

Decided 7 May 2015

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

From the headnote

Torts - Composite negligence - Injuries caused by combined wrongful act of joint tort-feasors - Liability to pay compensation - Held: In such cases, the liability is joint and several - The claimant has the right to recover the entire o amount from the easiest target/solvent defendant - Apportionment of compensation between the tort-feasors by determining their extent of negligence vis-a-vis the claimant is not permissible - Determination of the extent of their negligence is only for the purpose of their inter-se liability. Negligence - Contn"butory negligence and composite negligence-

Authorities it was built on

2004 National Insurance Co. Ltd. v. Challa Upendra Rao and Ors. cited by 4
2004 Oriental Insurance Co. Ltd. v. Shri Nanjappan and Ors. cited by 4
2012 The Registrar, Rajiv Gandhi University of Health Sciences, Bangalore v. G. Hemlatha and Others. cited by 4
2008 T.O. Antony v. Karvarnan & Ors. cited by 3
2008 A.p.s.r.t.c.& Anr. v. K. Hemalatha & Ors. cited by 2
2014 Pawan Kumar & Anr. Etc. v. M/s Harkishan Dass Mohan Lal & Ors cited by 1
2008 Machindranath Kernath Kasar v. D.S. Mylarappa & Ors. cited by 1

Where later benches applied it

2015 Kamlesh & Ors. v. Attar Singh & Ors. relied on
2026 M/s Otis Elevator Co.(india) Ltd v. Rashmi Handa mentioned
2016 Jaya Biswal & Ors. v. Branch Manager, Iffco Tokio General Insurance mentioned

Of those, 1 relied on · 2 mentioned

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