CONTRIBUTORY NEGLIGENCE IN MOTOR VEHICLES ACT 1988.

CONTRIBUTORY NEGLIGENCE IN MOTOR VEHICLES ACT 1988.

When an accident occurs, and the victim himself has contributed to the accident by his rash and negligent act it is known as contributory negligence.

Best example for this is triple riding. When three persons travel in two wheeler met with accident with another vehicle. 20% of negligence fixed  on the part of the deceased, the rider of the two wheeler. It is clearly stated in 2019(1) TNMAC 356.

In 2019(1)TNMAC 571 it has been stated that  25% of contributory negligence fixed on the part of the deceased, the rider of the two wheeler.

When four persons travelled in a motorcycle. 50% of the award amount has been deducted for contributory negligence. It is clearly stated in 2019(1) TNMAC 733.

In another case deceased was in intoxicated condition and while vomiting from bus by standing on the foot board lost control and fell down. Contributory negligence fixed at the ratio 40:60 ie., 40% on the part of the deceased and 60% on the part of the driver of the bus, which has been cited in 2018(20 TNMAC 430.

Collision between transport corporation bus and motorcycle driven by deceased from opposite direction. Tribunal apportioning negligence between deceased and bus driver in ratio of 25:75. Tribunal if justified in holding deceased negligent to extend of 25%. As per accident spot shown in rough sketch/Exs.P3&p4, bus proceeding in opposite direction swayed 2 ft. away from median towards side on which motorcycle was proceeding. Bus driver solely negligent in causing accident as he swayed towards wrong side and dashed against motorcycle – held, tribunal not justified in attributing contributory negligence on part of the deceased – This has been cited in 2020(1) TNMAC 124.

Deceased, riding motorcycle, taken turn to the main road in high speed, dashed against parked car of  R5. Due to impact, deceased fell on the road side of two way road and crushed by speeding bus of R7. FIR filed against driver of R7, fixed negligence on the part R5 to extend of 85% and deceased at 15% Appeal by insurer of R5. Considering rough sketch and fact that the deceased proceeding in high speed on curve, R5 parked car on two way main road and bus of R7 driven in high speed on busy main road, held, accident occurred due to negligence of all parties viz. drivers of R5 & R7 and deceased. Driver of R5 ought not to have parked vehicle on main road. Fixing liability of deceased at 25% as against 15%, R5 & R7 held liable 37.5% each- Appellant / insurer of R5 & R7 directed to deposit compensation amount as awarded by tribunal.