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Apportionment of damages amongst tortfeasors, inter se.
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4.—(1) Where an action for damages in respect of an injury occasioned by a tort is brought against two or more defendants in any Court, then, on the application of any of the defendants, the jury (or, in case the action is tried without a jury, the judge) may, subject to subsection (2), apportion the damages, if any, amongst some or all of the defendants in such proportions as the jury (or the judge, as the case may be) may think fit, having regard to all the circumstances, and, in particular, to the extent to which the several defendants were respectively responsible for the injury, and may so apportion the damages as to confer an indemnity on any one or more of the said defendants.
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(3) Any tortfeasor (in this subsection referred to as the claimant) who has paid (whether to the judgment creditor only or to the judgment creditor and to any other tortfeasors) an amount in excess of that apportioned to him shall be entitled to recover, as a simple contract debt, from any other tortfeasor (in this subsection referred to as the contributor) who is not entitled to be indemnified (whether by the claimant or by reason of the apportionment order) or who has not already paid as aforesaid an amount equal to the amount apportioned to him, a sum equal to whichever of the following is the lesser—
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