HomeAsiaSC: Failure to take extra precautions, not negligence, in cases of accident

SC: Failure to take extra precautions, not negligence, in cases of accident

New Delhi, 13 October

The Supreme Court has ruled that failure to avoid collision by taking certain extraordinary precautions is not in itself negligence in motor accident claim cases.

A bench headed by Justice Hemant Gupta held that in order to establish contributory negligence in such cases, some act or omission, which contributed materially to the accident or damage, must be attributed to the person against whom the allegation was made. Is.

Allowing the appeal of the claimant’s Anusha and the two minors, the apex court reversed the findings of the Motor Accident Claims Tribunal and the Karnataka High Court on the point of contributory negligence. It increased the compensation paid by the HC to the claimant from Rs 17,34,156 to Rs 50,89,960.

However, the SC accepted the contention of the appellant that the findings of the courts below were not based on any evidence as there was nothing on record to indicate that the driver was not driving at a moderate speed or Traffic rules were not followed. – tns

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