M. Sabitha vs Brahma Swamulu 2025 INSC 601 - Motor Accident Compensation - Contributory Negligence
Motor Accident Compensation - While allowing appeal , SC observed: The fact remains that there was a collision, and that the car was dragged to a distance of 20 feet after the collision, clearly indicating rash and negligent driving on the part of the lorry driver. We are hence inclined to find that the contributory negligence on the drivers will be equal, since there is fault on the part of the car driver in not taking sufficient care when overtaking, while the impact could have been avoided or gravity lessened, if the lorry had been driven in normal speed. Hence, apportionment of liability can be fixed at 50% for each. (Para 6)
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