M. Nithya vs SBI General Insurance Company Limited - Motor Accident Compensation- Contributory Negligence Plea In Appeal

Motor Accident Compensation - When the Tribunal did not even frame an issue on contributary negligence, the High Court ought not to have considered that argument in order to reduce the compensation awarded. Even otherwise the Insurance Company did not lead any evidence on this aspect nor insisted for framing an issue. Merely making a bald assertion in their Counter Affidavit cannot derive any advantage. (Para 7)