Yashwant Krishna Kumbar vs Divisional Manager United India - Motor Accident Compensation - Contributory Negligence - Pillion Rider

Motor Accident Compensation - Contributory Negligence - The principle of contributory negligence, however, mandates a specific inquiry into the conduct of the injured person and as to how he has contributed his negligence to the accident, and it cannot be inferred vicariously from the conduct of the rider. Even if the riders of both motorcycles are assumed to have been negligent, the present case would fall within the realm of composite negligence, the claimant being a third-party passenger cannot be held to be responsible or having contributed to the accident - In such circumstances, the claimant is entitled to recover the entire compensation from any one of the tortfeasors, and there is no legal warrant for reducing the award on account of apportionment between the riders - In cases where contributory negligence is sought to be attributed to a pillion rider in a motor vehicle accident, the burden squarely lies on the party alleging such negligence to establish, by cogent material, that any act or omission on the part of the pillion rider contributed to the occurrence of the accident. In the absence of such proof, no finding of contributory negligence can be sustained against a pillion rider. (Para 14-17)

Composite and Contributory Negligence - Quoted from T.O. Anthony v. Karvarnan: 'Composite negligence' refers to the negligence on the part of two or more persons. Where a person is injured as a result of negligence on the part of two or more wrong doers, it is said that the person was injured on account of the composite negligence of those wrongdoers. In such a case, each wrong doer, is jointly and severally liable to the injured for payment of the entire damages and the injured person has the choice of proceeding against all or any of them. In such a case, the injured need not establish the extent of responsibility of each wrong-doer separately, nor is it necessary for the court to determine the extent of liability of each wrong-doer separately. On the other hand where a person suffers injury, partly due to the negligence on the part of another person or persons, and partly as a result of his own negligence, then the negligence of the part of the injured which contributed to the accident is referred to as his contributory negligence. Where the injured is guilty of some negligence, his claim for damages is not defeated merely by reason of the negligence on his part but the damages recoverable by him in respect of the injuries stands reduced in proportion to his contributory negligence.(Para 15)

Motor Accident Compensation - In the absence of documentary proof, income must be assessed on the basis of prevailing economic conditions, nature of avocation, and minimum wage indicators - In the absence of any positive evidence being tendered with regard to proof of income, necessarily guess work has to be made. (Para 18)