13 December 2021

Search Results for Tag : contributory negligence


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


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



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


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


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


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