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Some act or omission ought to be attributed to individual in highway accident to show contributory negligence: SC

Some act or omission ought to be attributed to an individual in a highway accident in opposition to whom contributory negligence is alleged, the Supreme Court docket has mentioned. A bench of Justices Hemant Gupta and V Ramasubramanian made the commentary on an enchantment filed by a girl and her minor youngsters in opposition to the findings of the Karnataka Excessive Court docket that her deceased husband, who was driving the automobile which dashed right into a lorry, was additionally responsible of contributory negligence.

The excessive court docket had mentioned the girl and her minor youngsters are entitled solely to 50 per cent of the quantity of compensation as decided.

The apex court docket held nevertheless that the mere failure to keep away from the collision by taking some extraordinary precaution doesn’t in itself represent negligence.

“To establish contributory negligence, some act or omission, which materially contributed to the accident or the damage, should be attributed to the person against whom it is alleged,” the bench mentioned whereas reversing the excessive court docket’s discovering.

The highest court docket mentioned that the view expressed by the excessive court docket to the impact that if the driving force of the automobile had been vigilant and driving the automobile rigorously following the visitors guidelines, the accident wouldn’t have occurred, is presumptuous and never primarily based on any proof.

“There was nothing on record to indicate that the driver of the car was not driving at moderate speed nor that he did not follow traffic rules. On the contrary, the High Court holds that if the lorry had not been parked on the highway, the accident would not have happened even if the car was driven at a high speed,” the bench mentioned in its October 6 order.

Permitting the enchantment, the apex court docket modified the excessive court docket judgment and directed {that a} whole compensation of Rs 50,89,96 be paid with curiosity at 9 per cent every year.

On February 10, 2011, the automobile by which the deceased was travelling, dashed in opposition to a lorry within the entrance when its driver allegedly stopped it abruptly 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 Declare Tribunal in search of 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 per thirty days with brilliant future prospects.

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