Citations related to contributory negligence in motor vehicle accident cases

 

CONTRIBUTORY NEGLIGENCE:

 

2023(2)TNMAC 721 DB

Deceased, a pillion rider in motorcycle, fell down from motorcycle – Bus, following motorcycle, ran over deceased causing instantaneous death – Both rider and deceased pillion rider under influence of alcohol – Fact disclosed in FIR – Tribunal rightly fixed contributory negligence on part of deceased at 50% 

2024(2)TNMAC 313 (mad)         2024 (1) TNMAC 491

Claimant riding two wheeler, not in possession of driving license – 10% contributory negligence fixed on part of claimant for not possessing driving licence. 

Contributory negligence due to overloading

2025(1)TNMAC 586

Allowing 9 persons to travel in a car – whether contributed to accident. Clear admission in fir that 9 persons travelled in car at a time of accident- Insurance policy showing capacith of car as 4 persons Held: owner violated policy conditions by allowing more passengers in car – Allowing more persons than its original capacity restricted movement of driver’s legs – would affect his ability to fully control brake – contributory negligence on part of owner fixed at 20%

Contributory negligence while crossing road

2025(1)TNMAC 724

Deceased riding bicycle, attempted to cross main road – bus driven in rash and negligent manner dashed against bicycle causing fatal injuries – Tribunal fixed primary negligence on part of bus driver – but fixed 15% contributory negligence on part of deceased. FIR registered against bus driver – pw1/2^nd claimant clearly admitted that his father attempted to cross the road – persons crossing main road should have taken all precautions – deceased crossed road without noticing other vehicles on road – tribunal justified in fixing 15% contributory negligence on part of deceased.

Contributory negligence by not wearing helmet

2025(1)TNMAC 117, 2025(1)TNMAC 700

Fixation of 10% contributory negligence for not wearing helmet.

Contributory negligence in case of parked vehicle

2025(1) TNMAC 749

Tribunal observed that parking of lorry in road portion of National high way and not in area earmarked per se amounts to negligence on the part of lorry. Tribunal justified in fixing negligence in ratio 75:25 

Assessment on the basis of multiplier method

2025(1)TNMAC 749

Manager in a private concern – disability fixed as 53.1% - employment of claimant as manager being supervisory in nature, no necessary for him to do any manual work – nothing on record suggest that disability impacted claimants occupation- compensation to be awarded applying percentage method.