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REDDYANDREDDYASSOCIATES 55dafb5d4ec0a407c44969ae Services https://www.reddyandreddylawfirm.com

MERE FAILURE TO AVOID COLLISION BY TAKING SOME ...

  • 2021-10-16T10:02:16

MERE FAILURE TO AVOID COLLISION BY TAKING SOME EXTRAORDINARY PRECAUTIONS DOES NOT IN ITSELF CONSTITUTE CONTRIBUTORY NEGLIGENCE : SUPREME COURT The Supreme court stated that mere failure to avoid the collision buy taking some extraordinary precaution does not in itself constitute 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 High Court while upholding a finding of contributory negligence in a motor accident compensation claim, observed that if the deceased driver of the car had been vigilant and driving the vehicle carefully following the traffic rules, the accident would not have happened. The court agreed with the findings are not based on any evidence as 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. In this case, the High Court had awarded a sum of Rs. 17, 34, 156 as compensation. Allowing the appeal, the court granted a compensation of Rs. 50, 89, 960 to the claimants. With a team of Law experts, Reddy & amp; Reddy Law Firm has extensive experience and involvement in legal disputes. We are regularly involved in representation in the courts in India.

MERE FAILURE TO AVOID COLLISION BY TAKING SOME EXTRAORDINARY PRECAUTIONS DOES NOT IN ITSELF CONSTITUTE CONTRIBUTORY NEGLIGENCE : SUPREME COURT The Supreme court stated that mere failure to avoid the collision buy taking some extraordinary precaution does not in itself constitute 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 High Court while upholding a finding of contributory negligence in a motor accident compensation claim, observed that if the deceased driver of the car had been vigilant and driving the vehicle carefully following the traffic rules, the accident would not have happened. The court agreed with the findings are not based on any evidence as 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. In this case, the High Court had awarded a sum of Rs. 17, 34, 156 as compensation. Allowing the appeal, the court granted a compensation of Rs. 50, 89, 960 to the claimants. With a team of Law experts, Reddy & amp; Reddy Law Firm has extensive experience and involvement in legal disputes. We are regularly involved in representation in the courts in India.

  • 2021-10-16T10:02:16

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