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Case name and citation

K. Anusha Vs Regional Manager, Shriram General Insurance Co. Ltd.
LL 2021 SC 571

Key takeaways

  • Contributory negligence is not applied if one person doesn’t take an extraordinary precaution to avoid a collision.


  • The High Court had observed that had the deceased driver of the car been vigilant and was following the traffic rules carefully, the accident would not have happened.
  • So, it was ruled to be contributory negligence.
  • This observation was challenged in an appeal.


  • The Supreme Court while hearing the appeal observed that the findings of the High Court were not based on any evidence.
  • The Court quoted a decision of the High Court of Australia in Astley v. Austrust Ltd to hold that where, by his negligence, one party places another in a situation of danger, which compels that other to act quickly to extricate himself, it does not amount to contributory negligence, if that other acts in a way which, with the benefit of hindsight is shown not to have been the best way out of the difficulty.


  • The Court revised the findings on the question of contributory negligence.
  • A compensation of Rs. 50,89,960 was allowed to the claimants.


  1. What are your views on this judgement?
  2. Which court do you agree with the most?

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