Search Results for Tag : Contributory negligence

International Cases

When driving in city, one must anticipate that pedestrians will cross road, if they see a gap in the traffic(02.12.2016)

Present action arises out of a road traffic accident which occurred at the junction of Merrion Row and Merrion Street Upper in the city of Dublin. Whi.....

Tags : Accident, Causation, Contributory negligence

News

Kerala HC: MACT Cannot Attribute Contributory Negligence to Deceased and Deduct Compensation(16.04.2021)

Kerala High Court has held that a Motor Accident Claims Tribunal (MACT) cannot attribute contributory negligence to a deceased or the injured two-whee.....

Tags : Kerala High Court, Contributory Negligence

Mad. HC: Merely Smelling Alcohol in Breath Not Sufficient Ground to Attribute Contributory Negligence(18.04.2024)

Madras High Court has observed that to attract contributory negligence in motor vehicle accident cases, merely smelling alcohol in the breath of a per.....

Tags : Madras High Court, Contributory Negligence, Motor Vehicle Accident, Alcohol

Kerala HC: Contributory Negligence Cannot be Established Solely on Basis of Scene Mahazar(06.06.2022)

Kerala High Court has held that contributory negligence cannot be found against the driver of the other vehicle solely relying on the recitals in the .....

Tags : Kerala High Court, Contributory Negligence

SC: Cannot Attach Contributory Negligence of Driver Vicariously to Passengers(20.09.2024)

Supreme Court has observed that the contributory negligence on the part of a driver of the vehicle involved in the accident cannot be vicariously atta.....

Tags : Supreme Court, Contributory Negligence, Legal Heirs

SC: Can’t Presume Negligence on Part of Driver because he Had Learner’s Licence(27.03.2025)

SC while hearing a matter regarding contributory negligence of a scooter driver in a motor accident claim, has observed that the mere fact that the dr.....

Tags : Supreme Court, Contributory Negligence, Scooter Driver

SC: Can’t Presume Contributory Negligence Without Direct or Corroborative Evidence(03.03.2025)

Supreme Court has observed that, in motor vehicle accidents contributory negligence cannot be presumed in absence of direct or corroborative evidence.

Tags : Supreme Court, Corroborative Evidence, Contributory Negligence

Kar. HC: No Presumption of Contributory Negligence Merely Because Driver Didn’t Possess DL(04.10.2023)

Karnataka High Court has modified the order of Motor Accident Claims Tribunal that laid contributory negligence to deceased, saying he did not possess.....

Tags : Karnataka High Court, Contributory Negligence, Driving Licence

Kerala HC: Non Wearing of Helmet Can’t be Ground to Fix Contributory Negligence(15.02.2016)

Kerala High Court has held that non-wearing of helmet, though an offence under the relevant provisions of the Motor Vehicles Act, could not be taken a.....

Tags : Kerala High Court, Motor Vehicles Act, contributory negligence

Supreme Court: Violation of Law by Itself Cannot Lead to Finding of Contributory Negligence(15.01.2020)

Supreme Court has held that a violation of law by itself, without anything more, cannot lead to a finding of contributory negligence while considering.....

Tags : Supreme Court, Contributory Negligence, Motor Accident Cases

Orissa HC Grants damages to Father Who Lost Son While Playing Cricket in School(19.10.2022)

Orissa High Court while holding the school liable for contributory negligence, has ordered Rs. 10 Lakhs compensation to the father of a boy who died i.....

Tags : Orissa High Court, contributory negligence, injuries

Judgments

If a person drives vehicle without a licence, he commits an offence that may not lead to finding of negligence as regards accident(15.12.2017)

The present appeal arises from a judgment of the High Court of Karnataka. Appellant who was riding a motorcycle met with an accident with a mini lorry.....

Tags : Contributory negligence, Basis, Compensation

Court sponsored rule-flouting? Overloading and absent helmet not considered for contributory negligence(18.07.2016)

A refusal of the Himachal Pradesh High Court to take seriously overloading of two-wheel vehicles and non-wearing of helmet by riders while assessing c.....

Tags : scooter, overloaded, helmet, contributory negligence