Contributory negligence cannot be fixed upon the victim, even if there were three people on the two-wheeler, if the fault is entirely upon the other party: Madras High Court
The Madras High Court passed a judgement on 20th of April, 2023 in which it directed the. This was seen in the case of United India Insurance Company Ltd., v. U. Muthulakshmi and Ors. (CMA Nos.1917 of 2020 and 2694 of 2021 and CMP Nos.14174 of 2020 and 12860 of 2021) and the case was presided over by The Honourable Mr. Justice RMT.Teekaa Raman
FACTS OF THE CASE:
The appellant, is an insurance company who is challenging the award of the Motor Accident Claims Tribunal under Section 173 of Motor Vehicles Act, 1988. The appellant is arguing on the basis of point of quantum and negligence. The claim petitioners on the other hand have sought for an enhancement of the compensation.
The lower court held that the accident took place due to the negligent driving of the driver of the car and also held that since three persons were travelling in a two-wheeler, at the time of the accident, 20% contributory negligence was fixed upon the rider of the two-wheeler. The Company had to pay for the rest.
The learned single judge after listening to the contentions of both parties, held that the 20% contributory negligence fixed upon the victim is unsustainable with the law. The fault is entirely upon the car driver and thus, contributory negligence cannot be fixed upon the victim, even if there were three people on the two-wheeler.
The appellant cannot shy away from their responsibilities and the contributory negligence set upon the insurer is set aside.
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JUDGEMENT REVIEWED BY SWETA SHOUMYA