{"id":502,"date":"2020-04-23T10:29:56","date_gmt":"2020-04-23T10:29:56","guid":{"rendered":"http:\/\/lexforti.com\/legal-news\/?p=502"},"modified":"2021-01-07T05:19:51","modified_gmt":"2021-01-07T05:19:51","slug":"violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci","status":"publish","type":"post","link":"https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/","title":{"rendered":"Violation of law by itself, without anything more, cannot lead to a finding of contributory negligence, unless it is established that he contributed either to the accident or to the impact of the accident upon the victim"},"content":{"rendered":"\n

Harshit Sharma | Amity Law School, Madhya Pradesh | 15th January 2020 <\/strong><\/p>\n\n\n\n

MOHAMMED SIDDIQUE & ANR. V\/s. NATIONAL INSURANCE COMPANY LTD. & ORS. CIVIL APPEAL No.79 OF 2020<\/strong><\/p>\n\n\n\n

FACTS OF THE CASE<\/strong><\/p>\n\n\n\n

  1. The\nson of the appellants who was aged about 23 years, died on 7.09.2008 as a\nresult of the injuries sustained in a road traffic accident that took place on\n5.09.2008. It appears that the victim was one of the 2 pillion riders on a\nmotor cycle and he was thrown off the vehicle when a car hit the motor cycle\nfrom behind.<\/li>
  2. The\nMotor Accident Claims Tribunal found that the accident was caused due to the\nrash and negligent driving of the car. This finding was confirmed by the High\nCourt, though with a rider that the victim was also guilty of contributory\nnegligence, in as much as there were 3 persons on the motor cycle at the time\nof the accident, requiring a reduction of 10% of the compensation awarded.<\/li>
  3. Aggrieved\nby the order of the High Court reducing the compensation awarded by the Motor\nAccident Claims Tribunal from the sum of Rs.11,66,800\/\u00ad to Rs.4,14,000\/\u00ad, the\nparents of the deceased\u00ad accident victim have come up with the present appeal\nbefore the Hon\u2019ble Supreme Court of India. <\/li><\/ol>\n\n\n\n

    ISSUES RAISED<\/strong><\/p>\n\n\n\n

    1. Whether\nmere violation of any law will amount the action to be termed and be brought\nunder the perspective of contributory negligence? <\/li><\/ol>\n\n\n\n

      RULING OF THE COURT\/ THE\nCOURT HELD THAT<\/strong><\/p>\n\n\n\n

      The\nHon\u2019ble Supreme Court while setting aside the High Court\u2019s order and upholding\nthe order of Tribunal, allowed the appeal by observing the following findings: <\/p>\n\n\n\n

      1. \u201cBut such violation by itself, without anything more, cannot lead to a finding\nof contributory negligence, unless it is established that his very act of\nriding along with two others, contributed either to the accident or to the\nimpact of the accident upon the victim. There must either be a causal\nconnection between the violation and the accident or a causal connection\nbetween the violation and the impact of the accident upon the victim. It may so\nhappen at times, that the accident could have been averted or the injuries\nsustained could have been of a lesser degree, if there had been no violation of\nthe law by the victim. What could otherwise have resulted in a simple injury,\nmight have resulted in a grievous injury or even death due to the violation of\nthe law by the victim. It is in such cases, where, but for the violation of the\nlaw, either the accident could have been averted or the impact could have been\nminimized, that the principle of contributory negligence could be invoked.\u201d<\/em><\/li>
      2. \u201cIt\nis not the case of the insurer that the accident itself occurred as a result of\nthree persons riding on a motor cycle. It is not even the case of the insurer\nthat the accident would have been averted, if three persons were not riding on\nthe motor cycle. The fact that the motor cycle was hit by the car from 7\nbehind, is admitted. Interestingly, the finding recorded by the Tribunal that\nthe deceased was wearing a helmet and that the deceased was knocked down after\nthe car hit the motor cycle from behind, are all not assailed. Therefore, the finding\nof the High Court that 2 persons on the pillion of the motor cycle, could have\nadded to the imbalance, is nothing but presumptuous and is not based either\nupon pleading or upon the evidence on record.\u201d<\/em><\/li><\/ol>\n","protected":false},"excerpt":{"rendered":"

        Harshit Sharma | Amity Law School, Madhya Pradesh | 15th January 2020 MOHAMMED SIDDIQUE & ANR. V\/s. NATIONAL INSURANCE COMPANY LTD. & ORS. CIVIL APPEAL No.79 OF 2020 FACTS OF THE CASE The son of the appellants who was aged about 23 years, died on 7.09.2008 as a result of the injuries sustained in a […]<\/p>\n","protected":false},"author":144,"featured_media":373,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[26],"tags":[],"yoast_head":"\nViolation of law by itself, without anything more, cannot lead to a finding of contributory negligence, unless it is established that he contributed either to the accident or to the impact of the accident upon the victim - LexForti<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Violation of law by itself, without anything more, cannot lead to a finding of contributory negligence, unless it is established that he contributed either to the accident or to the impact of the accident upon the victim - LexForti\" \/>\n<meta property=\"og:description\" content=\"Harshit Sharma | Amity Law School, Madhya Pradesh | 15th January 2020 MOHAMMED SIDDIQUE & ANR. 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CIVIL APPEAL No.79 OF 2020 FACTS OF THE CASE The son of the appellants who was aged about 23 years, died on 7.09.2008 as a result of the injuries sustained in a […]\" \/>\n<meta property=\"og:url\" content=\"https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/\" \/>\n<meta property=\"og:site_name\" content=\"LexForti\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/Lexforti\/\" \/>\n<meta property=\"article:author\" content=\"https:\/\/www.facebook.com\/harshit.sharma.1048\" \/>\n<meta property=\"article:published_time\" content=\"2020-04-23T10:29:56+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2021-01-07T05:19:51+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/04\/All-the-love-from-James-9.jpg?fit=560%2C315&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"560\" \/>\n\t<meta property=\"og:image:height\" content=\"315\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/png\" \/>\n<meta name=\"author\" content=\"Hshits1997\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Hshits1997\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"3 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/#article\",\"isPartOf\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/\"},\"author\":{\"name\":\"Hshits1997\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355\"},\"headline\":\"Violation of law by itself, without anything more, cannot lead to a finding of contributory negligence, unless it is established that he contributed either to the accident or to the impact of the accident upon the victim\",\"datePublished\":\"2020-04-23T10:29:56+00:00\",\"dateModified\":\"2021-01-07T05:19:51+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/\"},\"wordCount\":611,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\/\/lexforti.com\/legal-news\/#organization\"},\"articleSection\":[\"Supreme Court Judgement\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/\",\"url\":\"https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/\",\"name\":\"Violation of law by itself, without anything more, cannot lead to a finding of contributory negligence, unless it is established that he contributed either to the accident or to the impact of the accident upon the victim - 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.\",\"sameAs\":[\"https:\/\/www.facebook.com\/harshit.sharma.1048\"],\"url\":\"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/\"}]}<\/script>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"Violation of law by itself, without anything more, cannot lead to a finding of contributory negligence, unless it is established that he contributed either to the accident or to the impact of the accident upon the victim - LexForti","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/","og_locale":"en_US","og_type":"article","og_title":"Violation of law by itself, without anything more, cannot lead to a finding of contributory negligence, unless it is established that he contributed either to the accident or to the impact of the accident upon the victim - LexForti","og_description":"Harshit Sharma | Amity Law School, Madhya Pradesh | 15th January 2020 MOHAMMED SIDDIQUE & ANR. 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CIVIL APPEAL No.79 OF 2020 FACTS OF THE CASE The son of the appellants who was aged about 23 years, died on 7.09.2008 as a result of the injuries sustained in a […]","og_url":"https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/","og_site_name":"LexForti","article_publisher":"https:\/\/www.facebook.com\/Lexforti\/","article_author":"https:\/\/www.facebook.com\/harshit.sharma.1048","article_published_time":"2020-04-23T10:29:56+00:00","article_modified_time":"2021-01-07T05:19:51+00:00","og_image":[{"width":560,"height":315,"url":"https:\/\/i2.wp.com\/lexforti.com\/legal-news\/wp-content\/uploads\/2020\/04\/All-the-love-from-James-9.jpg?fit=560%2C315&ssl=1","type":"image\/png"}],"author":"Hshits1997","twitter_card":"summary_large_image","twitter_misc":{"Written by":"Hshits1997","Est. reading time":"3 minutes"},"schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"Article","@id":"https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/#article","isPartOf":{"@id":"https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/"},"author":{"name":"Hshits1997","@id":"https:\/\/lexforti.com\/legal-news\/#\/schema\/person\/da5b12bcf24f10dd6314543ccd840355"},"headline":"Violation of law by itself, without anything more, cannot lead to a finding of contributory negligence, unless it is established that he contributed either to the accident or to the impact of the accident upon the victim","datePublished":"2020-04-23T10:29:56+00:00","dateModified":"2021-01-07T05:19:51+00:00","mainEntityOfPage":{"@id":"https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/"},"wordCount":611,"commentCount":0,"publisher":{"@id":"https:\/\/lexforti.com\/legal-news\/#organization"},"articleSection":["Supreme Court Judgement"],"inLanguage":"en-US","potentialAction":[{"@type":"CommentAction","name":"Comment","target":["https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/#respond"]}]},{"@type":"WebPage","@id":"https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/","url":"https:\/\/lexforti.com\/legal-news\/violation-of-law-by-itself-without-anything-more-cannot-lead-to-a-finding-of-contributory-negligence-unless-it-is-established-that-he-contributed-either-to-the-accident-or-to-the-impact-of-the-acci\/","name":"Violation of law by itself, without anything more, cannot lead to a finding of contributory negligence, unless it is established that he contributed either to the accident or to the impact of the accident upon the victim - 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He started his litigation practice before the Hon\u2019ble High Court of Madhya Pradesh since August, 2020 after being enrolled with the State Bar Council of Madhya Pradesh at enrolment number MP\/1228\/2020. Mr. Sharma hails from a generous and morally-valued driven family. He is the second-generation lawyer in his family who has taken up the task of stepping on the foot-steps of his father and the leading criminal advocate of the Gwalior Bar Sh. Vijay Dutt Sharma, Advocate. He always valued to strike a balance between education and moral-values which he quotes to have been a reflection of his mother Smt. Kusum Sharma and possibly this magical combination of the intellectual father and caring mother sailed him through to take the beautiful and successful academic leap, in both school as well as University. To quote the glorious academic years of Mr. Sharma, it all started with he been awarded with the Soli Sorabjee Award, which is bestowed upon the Legal Studies Topper of Class-XI (CBSE) of Gwalior Glory High School, Gwalior (M.P.). Since then, it has been the blessings of his parents, sister, teachers and family members that he completed his five-year integrated law course in B.A., LL.B. (Hons.) from Amity Law School, Amity University Madhya Pradesh, Gwalior with flying colours and been the over-all topper of the course since its inception to its culmination. Mr. Sharma also had in his names to attend various national and international seminars on growing issues in the field of law and throughout his college life, he has been an active member of the Moot Court Committee and in the culminating years of his college life, he has also served as the Chairperson of the Moot Court Committee of Amity Law School, Amity University Madhya Pradesh. His experience owed from his association with top-notched institutions of the country and law offices, including National Human Rights Commission, National Judicial Academy Bhopal, Chambers of Sh. Sanjay Gupta Ji Advocate (Gwalior, M.P.), Sh. Deepak Vasant Rao Khot Ji Advocate (Gwalior, M.P.), Sh. Fuzail Ahmad Ayyubi Ji Advocate (A-O-R Supreme Court of India), Sh. Vaibhav Shrivastava Ji (Office of Sh. Vivek Tankha Ji Senior Advocate), Sh. Prashant Vaxish Advocate (Supreme Court of India) to name a few. Apart from being an avid learner and through-out student of Law, Mr. Sharma has under his name various research papers and articles published in National as well as International Journals and UGC-Approved Journals, pan India. More so, he is a constant content writer for various online blogs including the LatestLaws.com, Lawyers Club India, Legal Services India, Advocates Pedia Foundation, etc. In addition to his academic excellence, he is green-belt holder in karate and has been a district-level Judo and Table-Tennis Player for his School Team. He is fond of reading books and to pen poetries in both, English as well as Hindi language is his best hobby to spare time with.","sameAs":["https:\/\/www.facebook.com\/harshit.sharma.1048"],"url":"https:\/\/lexforti.com\/legal-news\/author\/hshits1997\/"}]}},"views":87,"_links":{"self":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/502"}],"collection":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/users\/144"}],"replies":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/comments?post=502"}],"version-history":[{"count":1,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/502\/revisions"}],"predecessor-version":[{"id":6964,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/posts\/502\/revisions\/6964"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media\/373"}],"wp:attachment":[{"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/media?parent=502"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/categories?post=502"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lexforti.com\/legal-news\/wp-json\/wp\/v2\/tags?post=502"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}