Some Act Should Be Attributed To Person In Road Accident To Prove Negligence: Supreme Court

The Supreme Court held however that the mere failure to avoid the collision by taking some extraordinary precaution does not in itself constitute negligence.

Some act or omission should be attributed to a person in a road accident against whom contributory negligence is alleged, the Supreme Court has said.

A bench of Justices Hemant Gupta and V Ramasubramanian made the observation on an appeal filed by a woman and her minor children against the findings of the Karnataka High Court that her dead husband, who was driving the car which dashed into a lorry, was also guilty of contributory negligence.

The high court had said the woman and her minor children are entitled only to 50 per cent of the amount of compensation as determined.

The top court held however that the mere failure to avoid the collision by taking some extraordinary precaution does not in itself constitute negligence.