contributry negligency effect on claim
vijaykumar
(Querist) 24 February 2011
This query is : Resolved
Petitioner has trailed or dragged his motor bike due to fuel empty (injured)was crossing road by zebra crossing someone driving wagon-R in rash & negligently manner from bus lane of BRT corridor hit him resultant (biker) got sustained injuries (left leg tibia fibula)
driver/owner R-1,2 is already X party and insurance co.-R3 taken defense of cause contributory negligently
what will be effect on his claim
R-1,2 have valid license
adv. rajeev ( rajoo )
(Expert) 24 February 2011
On whom FIR is regd.,?
If case is against the owner of the motor bike and other vehicle driver then it amounts to contributory negligency, both the insurance cos., are liable to pay the compensation to the petitioner if there is a valid insurance.
M V Gupta
(Expert) 25 February 2011
Contributary negligence is usual defence put up by the Insurance Companies. They will have to prove the neglignece onthe part of the injured person. If the victim was crossing the road at the Zebrs crossing he is not at fault or negligent. Ofcourse, if he was crossing when the red light for pedestrians was on, then there is an elemant of neglignece on his part. But now a days the courts apply the doctrine of comparative degree of negligence while determining the quantum of compenstaion payable to the victim.
vijaykumar
(Querist) 26 February 2011
Very thanks to u sir,
Respected sir
can u suggest me any high court or supreme court judgments on it if 'any. because reason being courts are very high per technical. Hare Krishna
