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february 2008

Supreme Court of India · 2008-02-01

T.O. ANTONY vs KARVARNAN .

Citation / case number
SC 2005/13524
Court
Supreme Court of India
Petitioner
T.O. ANTONY
Respondent
KARVARNAN .
Author
R V RAVEENDRAN K G BALAKRISHNAN
Bench
R V RAVEENDRAN CJI K G BALAKRISHNAN

Judgment text excerpt

The Supreme Court clarified the distinction between composite negligence and contributory negligence in the context of motor vehicle accidents. It held that in cases where a driver claims damages for personal injuries, the assessment of negligence should not automatically assume a fifty-fifty liability between the drivers involved. The Court found that the lower courts erred in applying this assumption and directed that the appellant's claim be reassessed without the deduction for contributory negligence. The appeal was allowed, and the matter was remanded for fresh consideration of the compensation amount.

T.O. ANTONY vs KARVARNAN . · Niyam