Wednesday, November 12, 2008

Composite negligence & Contributory negligence: MCOP.

On 16th May, 2008, a two Judge Bench in A.P.S.R.T.C. & Anr. vs. K. Hemalatha & Ors. [C.A.Nos.3623-3626 of 2008] held that "when two vehicles are involved in an accident, and one of the drivers claims compensation from the other driver alleging negligence, and the other driver denies negligence or claims that the injured claimant himself was negligent, then it becomes necessary to consider whether the injured claimant was negligent and if so, whether he was solely or partly responsible for the accident and the extent of his responsibility, that is his
contributory negligence. Therefore where the injured is himself partly liable, the principle of ’composite negligence’ will not apply nor can there be an automatic inference that the negligence was 50:50."

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