Court case(2008) 3 SCC 748

The case arose out of a motor accident claim under the Motor Vehicles Act 1988 in which a person was injured in a collision between two vehicles, and the Tribunal and the High Court had to decide how the negligence of the two drivers affected the compensation payable to the injured person. The question that reached the Supreme Court was whether the claimant's compensation could be cut down by apportioning negligence between the vehicles involved, and how the concepts of "composite negligence" and "contributory negligence" were to be applied in such claims.

The Supreme Court (R.V. Raveendran J.) explained the two concepts. "Composite negligence" refers to the negligence on the part of two or more persons, where a person is injured as a result of the negligence of others and not of his own. In such a case the injured person is entitled to sue all or any of the negligent persons, who are jointly and severally liable, and need not establish the extent of each one's responsibility; the apportionment between the wrongdoers is a matter between them. "Contributory negligence" refers to the negligence of the injured person himself which contributed to the accident; only then is his compensation reduced in proportion to his own share of fault. The court applied these principles to the apportionment of liability in the case.