THE UNIVERSITY OF DODOMA
SCHOOL OF LAW
DEPARTMENT OF PRIVATE LAW
COURSE INSTRUCTOR: MR. ATHANAS JUMA
COURSE CODE: LW2204
COURSE TITLE: TORT LAW II
NATURE OF WORK: INDIVIDUAL ASSIGNMENT.
N/A
1
NAME OF STUDENT
JUMA HAMISI RAJABU
REG. NUMBER
T/UDOM/2020/08257
QUESTION; Explain what is Composite Negligence
PROGRAM
LLB2
SIGNATURE
INTRODUCTION
Composite negligence refers to negligence on the part of two or more persons. Where a person is
injured as a result of negligence on the part of two or more wrongdoers, it is said that the person
was injured on account of the composite negligence of those wrong-doers.1 In the case
of contributory negligence, a person who has himself contributed to the extent cannot claim
compensation for the injuries sustained by him in the accident to the extent of his own
negligence; whereas, in the case of composite negligence, a person who has suffered has not
contributed to the accident but the outcome of a combination of the negligence of two or more
other persons.2
When the negligence of two or more people leads to the same harm, when a person is injured by
the negligence of two or more criminals, it is said to be injured due to the complex negligence of
the criminals. Was, we say, that the complication is negligence, and those who are responsible
for such harm, are called Composite Tortfeasors.
In T.O. Anthony v. Karvarnan & Others.3 It was held that in case of contributory negligence, the
injured need not establish the extent of responsibility of each wrongdoer separately, nor is it
necessary for the court to determine the extent of liability of each wrongdoer separately. It is
only in the case of contributory negligence that the injured himself has contributed by his
negligence in the accident. The extent of his negligence is required to be determined as damages
recoverable by him in respect of the injuries have to be reduced in proportion to his contributory
negligence.
The case stated
‘’Composite negligence refers to negligence on the part of two or more persons. Where a
person is injured as a result of negligence on the part of two or more wrongdoers, it is said
that the person was injured on account of the composite negligence of those wrong-doers.’’
1
T.O. Anthony v. Karvarnan & Others [2008 (3) SCC 748]
https://www.legalbites.in/contributory-composite-negligence/
3
[2008 (3) SCC 748]
2
NATURE OF LIABILTY IN COMPOSITE NELIGENCE
The liability of the tortfeasors in composite negligence cases is joint and several. One cannot say
that there should be a distribution of damages, and your responsibility should be based on your
mistake. Punishment against the compound complainants was made for the same amount without
disbursement, and the plaintiff may at his discretion enforce his entire claim against any of the
accused. However, a defendant who has paid more than his share can claim contributions from
other defendants.
A case of Hira Devi V. Bhaba Kanti Das,4 the facts were that due to negligence of the driver of a
State Transport bus and the driver of a car, there was an accident resulting in the death of a
person travelling in another car and injury to some other persons in that car. The tribunal made
apportionment of damages as between the owners of the bus and the car. The Guwahati High
Court, however, held that the tribunal was in error in apportionment the damages between the
two tortfeasors. The court stated that this is a case of joint tortfeasors and that the liability of the
owner of the car has not been established. The claimants were held entitled to recover the entire
amount of the claim from the owner of the bus i.e., State of Assam. The court also observed that
this does not affect the right of the State to claim contribution from the other tortfeasor, namely
the owner of the bus.
In Satbir Singh vs Balwant Singh And Others5, there was a collision between a motor cycle and a
truck, resulting in the death of pillion rider and injuries to the motor cyclist. The court found
negligence of the motor cyclist to the extent of two-third and that of truck driver one-third. There
was no negligence of the pillion rider. Thus, there was composite negligence of the truck driver
and the motor cyclist against the pillion rider. The court held that the widow of the pillion rider
was entitled to claim the whole amount from the truck owner and his insurance company
Thereafter, the truck owner and the insurance company could claim the amount from the motor
cyclist to the extent of his liability.
In Khenyei v. New India Assurance Company Ltd.6 it has been considered that “the claimant has
the right to recover the entire amount of (potential) compensation from the easiest targets/solvent
4
1977 Ace CJ 293
II (1987) ACC 321
6
[Civil Appeal No. 4244 Of 2015]
5
defendant.” It is not appropriate for the Court to determine the extent of the Composite
Negligence of those joint tortfeasors who have not been impleaded by the claimant. The
impleaded joint tortfeasor in fact should be left, in case he so desires, to sue the other joint
tortfeasor in an independent proceeding after passing of the decree or award.
DISTINCTION BETWEEN COMPOSITE AND CONTRIBUTORY NEGLIGENCE:
In case of Contributory Negligence, there is negligence on the part of both the defendant and the
plaintiff plaintiff’s own negligence contributes to the harm which he has suffered. In the case of
composite negligence, there is negligence of two or more persons towards the plaintiff and the
plaintiff himself is not to be blamed. While the Contributory Negligence is a defense available to
the defendant to overcome or reduce his liability in relation to the plaintiff the composite
negligence is not a defense.
In case of Contributory Negligence, there is apportionment of damages according to the fault of
the plaintiff and the defendant. Plaintiff’s claim is reduced to the extent he himself is at fault .in
case of composite negligence, there end no apportionment of damages between various
tortfeasors. There is a decreed for the whole amount creating joint and several liability of all the
defendants. If, however, one tortfeasor is made to pay more than his share of damages, he can
claim compensation from the other tortfeasors
CONCLUSION
If the plaintiff, through his negligence, contributes to the harm caused by the defendant's
negligence or misconduct, he is presumed guilty of contributory negligence. It is the defendant's
failure to avoid harm, or it is the plaintiff's fault for the incident. When the negligence of two or
more people causes the same damage, it is considered Composite Negligence, and those causing
such harm are called Composite Tortfeasors and Composite Negligence is not a defense unlike to
contributory negligence.
REFERENCES
CASES
T.O. Anthony v. Karvarnan & Others 2008 (3) SCC 748]
Hira Devi V. Bhaba Kanti Das 1977 Ace CJ 293
Satbir Singh vs Balwant Singh And Others II (1987) ACC 321
Khenyei v. New India Assurance Company Ltd [Civil Appeal No. 4244 Of 2015]
ONLINE SOURCES
https://www.legalbites.in/contributory-composite-negligence/ Retrieved on 11 Apr 22.
https://www.legalbites.in/contributory-composite-negligence/ Retrieved on 11 Apr 22.