Rajasthan Judiciary Pre 2011

As a result of a collision between two buses a Passenger in one of the buses died. The accident occurred due to negligence of the drivers of both the buses. In a suit by the legal representative of the deceased against owners of both the buses, which one of the following statements is legally sustainable?

Verified Answer
A. Each owner of the buses is liable for the whole damage
B. The owners of the buses are not joint tort-feasors
C. Neither of the owner of the buses is liable as the defence of act of God applies
D. Each owner of the buses was liable for one-half of the damage

Explanation:

When two or more persons by their independent acts cause damage to a third person, and it is not possible to determine the exact contribution of each, they are considered concurrent tort-feasors. In such cases, they are jointly and severally liable for the entire damage to the innocent victim. The victim can recover the full amount from any one of them.