NEW DELHI: Some act or omission ought to be attributed to an individual in a road accident in opposition to whom contributory negligence is alleged, the Supreme Court docket has stated.
A bench of justices Hemant Gupta and V Ramasubramanian made the remark on an attraction filed by a girl and her minor youngsters in opposition to the findings of the Karnataka high court that her deceased husband, who was driving the automotive which dashed right into a lorry, was additionally responsible of contributory negligence.
The excessive courtroom had stated the lady and her minor youngsters are entitled solely to 50 per cent of the quantity of compensation as decided.
The apex courtroom held nonetheless that the mere failure to keep away from the collision by taking some extraordinary precaution doesn’t in itself represent negligence.
“To determine contributory negligence, some act or omission, which materially contributed to the accident or the harm, ought to be attributed to the particular person in opposition to whom it’s alleged,” the bench stated whereas reversing the excessive courtroom’s discovering.
The highest courtroom stated that the view expressed by the excessive courtroom to the impact that if the driving force of the automotive had been vigilant and driving the automobile fastidiously following the site visitors guidelines, the accident wouldn’t have occurred, is presumptuous and never primarily based on any proof.
“There was nothing on report to point that the driving force of the automotive was not driving at reasonable velocity nor that he didn’t observe site visitors guidelines. Quite the opposite, the excessive courtroom holds that if the lorry had not been parked on the freeway, the accident wouldn’t have occurred even when the automotive was pushed at a excessive velocity,” the bench stated in its October 6 order.
Permitting the attraction, the apex courtroom modified the excessive courtroom judgment and directed {that a} whole compensation of Rs 50,89,96 be paid with curiosity at 9 per cent each year.
On February 10, 2011, the automotive by which the deceased was travelling, dashed in opposition to a lorry within the entrance when its driver allegedly stopped it impulsively with none sign or indicator.
The sufferer suffered critical accidents and died on the spot.
Claiming that the accident occurred because of the rash and negligent driving on the a part of the driving force of the lorry, the petitioners filed a declare earlier than the Motor Accident Claim Tribunal looking for compensation in a sum of Rs 54,10,000.
In response to the appellants, the sufferer was 32 years of age on the time of the accident and that he was employed as a senior design engineer in an organization incomes a sum of Rs 45,000 monthly with brilliant future prospects.

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