Why in News?

Justice Mohammad Nawaz and Justice Rajesh Rai K observed that merely engaging in driving without a license may not necessarily result in a determination of contributory negligence against the driver if he is involved in an accident that was not caused by him.

What is the Background of the Case?

• An accident happened between Bolero and a motorcycle due to which motorcycle rider died.
• The Motor Accidents Claims Tribunal (MACT) held that as the motor vehicle driver did not have a license and insurance for the vehicle he is bound for contributory negligence.
• The Parents and sister of the deceased approached the court for enhanced compensation from the insurer of Bolero.

What were the Court’s Observations?

• Karnataka HC observed that the motor vehicle driver was liable to get enhanced compensation from the insurer of Bolero as MACT’s order of considering the driver of the motor vehicle 25% responsible for contributory negligence was not correct.

What is Contributory Negligence?

• About:
  • The concept of contributory negligence aids in shaping the allocation of responsibility between parties involved.
  • It refers to the degree to which a claimant's own actions or omissions contribute to their injuries or damages.
• Meaning:
  • Contributory negligence becomes relevant when determining liability in accidents.
  • Rather than a black-and-white assessment of fault, it introduces shades of gray by considering the actions of all parties involved.
• Application of Tort Law:
  • It is a rule of tort which restricts the plaintiff from covering damages from the other if both parties were negligent on their part.
  • It is based on “Volenti non fit injuria” that means injury that occurred through voluntary act.
• Example:
  • If a court finds that the claimant was 20% at fault for not wearing a seatbelt, and the defendant was 80% at fault for running a red light, the claimant's compensation may be reduced by 20%. This reduction reflects the claimant's contribution to their own injuries.
• Burden of Proof:
  • The Burden of Proving Contributory Negligence is on the defendant who has to prove that the plaintiff was also at fault.