Skip to main content

Non wearing of helmet at the time of accident does not amount to ‘contributory negligence’

A Division Bench of Kerala High Court comprising of Justice P.R.Ramachandra Menon and Justice Anil.K Narendran in P.J. Jose & Ors. v. Vanchankal Niyas & Ors [M.A.C.A.No. 2482 of 2009] has held that an accident arising out of non wearing of helmet does not lead to an inference to the case of contributory negligence on the part of the person causing accident, so as to limit his claims arising out of such accident. The deceased, who was a student in Coimbatore met with an accident on 11/05/2007, while travelling in his motor cycle. The accident occurred due to the collision of the motor cycle driven by the deceased with a jeep owned, driven, and insured by respondents 1 to 3 respectively. The deceased died due to the fatal injuries arising out of the accident on the same date. In the claim filed before the tribunal by his legal heirs, his claim was limited by the tribunal due to the fact that he had not put on a helmet at the time of accident and this would result in contributory negligence on the part of the deceased. Aggrieved by the order of the tribunal in limiting the claim, the legal heirs of the deceased had approached the High Court seeking enhancement.

Article referred: http://www.livelaw.in/non-wearing-of-helmet-at-the-time-of-accident-does-not-amount-to-contributory-negligence-kerala-hc/

Comments

Post a Comment

Most viewed this month

Michigan House Approves 'Right-to-Work' Bill

Amid raucous protests, the Republican-led Michigan House approved a contentious right-to-work bill on  Dec 11 limiting unions' strength in the state where the (Union for American Auto Workers)  UAW was born. The chamber passed a measure dealing with public-sector workers 58-51 as protesters shouted "shame on you" from the gallery and huge crowds of union backers massed in the state Capitol halls and on the grounds. Backers said a right-to-work law would bring more jobs to Michigan and give workers freedom. Critics said it would drive down wages and benefits. The right-to-work movement has been growing in the country since Wisconsin fought a similar battle with unions over two years ago. Michigan would become the 24th state to enact right-to-work provisions, and passage of the legislation would deal a stunning blow to the power of organized labor in the United States. Wisconsin Republicans in 2011 passed laws severely restricting the power of public s...
Post a Comment
Read more

Power to re-assess by AO and disclosure of material facts

In AVTEC Limited v. DCIT, the division of the Delhi High Court held that AO is bound to look at the litigation history of the assessee and cannot expect the assessee to inform him.  In the instant case, the Petitioner, engaged in the business of manufacturing and selling of automobiles, power trains and power shift transmissions along with their components, approached the High Court challenging the re-assessment order passed against them. For the year 2006-07, the Petitioner entered into a Business Transfer Agreement with Hindustan Motors Ltd, as per which, the Petitioner took over the business from HML.  While filing income tax return for the said year, the petitioner claimed the expenses incurred in respect of professional and legal charges for the purpose of taking over of the business from HML as capital expenses and claimed depreciation. Article referred: http://www.taxscan.in/assessing-officer-bound-look-litigation-history-assessee-delhi-hc-read-order/8087/
Post a Comment
Read more

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
7 comments
Read more