Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Accident Claim: Contributory Negligence and Composite Negligence |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Accident Claim:Contributory Negligence and Composite Negligence - Meaning of and distinction between - Explained - Where injured is himself partly liable, principle of 'composite negligence' will not apply nor can there be an automatic inference that the negligence was 50:50, as was wrongly assumed in instant case - On facts, claimant being partly responsible for accident, responsibility at 25% is fixed on him and 75% on respondent - Special damages fixed by High Court not interfered with - However, quantum of compensation arrived at by High Court, being reasonable, does not call for any increase - Extent of contributory negligence on part of claimant being only 25% and not 50%, compensation reduced only to 25% and not 50% - Claimant would be entitled to additional compensation accordingly with 9% interest from date of petition till date of realisation.Words and Phrases:'Contributory negligence' and 'composite negligence' - Meaning of in the context of motor accident claim - Explained. |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2008 INSC 132 |
Petitioner | T.o. Antony |
Respondent | Karvarnan & Ors. |
SCR | [2008] 2 S.C.R. 291 |
Judgement Date | 2008-02-01 |
Case Number | 1082 |
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