Some act or omission should be attributed to person in road accident to prove contributory negligence: SC | India News


NEW DELHI: Some act or omission must be attributed to a person in a traffic accident Against whom contributory negligence It is alleged, the Supreme Court has said.
A court of magistrates Hemant Gupta and V Ramasubramanian made the observation on an appeal presented by a woman and her minor children against the conclusions of the Karnataka High Court that her deceased husband, who was driving the car that collided with a truck, was also guilty of contributory negligence.
The higher court had said that the woman and her minor children are only entitled to 50 per cent of the amount of the determined compensation.
However, the superior court held that the mere failure to avoid the collision by taking some extraordinary precaution does not in itself constitute negligence.
“To establish contributory negligence, any act or omission, which materially contributed to the accident or damage, must be attributed to the person against whom it is alleged,” the court said, reversing the higher court’s decision.
The superior court said that the opinion expressed by the superior court to the effect that if the driver of the car had been attentive and driving the vehicle carefully following the rules of the road, the accident would not have happened, is presumptuous and is not based on no proof. .
“There was nothing on record to indicate that the driver of the car was not traveling at a moderate speed or that he was not complying with traffic regulations. On the contrary, the high court maintains that if the truck had not been parked on the road, the accident would not it would have happened even if the car had been driven at high speed, “the bank said in its Oct. 6 order.
By allowing the appeal, the high court modified the judgment of the high court and ordered that a total compensation of 50.89.96 rupees be paid with an interest of 9 per cent per annum.
On February 10, 2011, the car in which the deceased was traveling crashed into a truck in the front when its driver allegedly stopped it suddenly without any signal or indicator.
The victim suffered serious injuries and died on the spot.
Alleging that the accident occurred due to reckless and negligent driving by the truck driver, the petitioners filed a claim with the Motor Accident Claims Court requesting compensation in the amount of Rs 54,10,000.
According to the appellants, the victim was 32 years old at the time of the accident and employed as a senior design engineer at a company earning a sum of Rs 45,000 per month with bright prospects for the future.

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