Supreme Court of India · 2008-05-06
Sudhir Kumar Rana vs Surinder Singh & Ors
- Citation / case number
- AIR 2008 SUPREME COURT 2405
- Court
- Supreme Court of India
- Petitioner
- Sudhir Kumar Rana
- Respondent
- Surinder Singh & Ors
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court addressed the issue of contributory negligence under Section 166 of the Motor Vehicles Act, 1988, in the context of a minor involved in an accident. The Court held that while children are not ordinarily held to the same standard of contributory negligence as adults, it is not an absolute rule. The Court emphasized that contributory negligence must be established based on the facts of each case, and the injured party's claim for damages can be reduced in proportion to their own negligence. The appeal was dismissed, affirming the High Court's decision to reduce the compensation awarded due to the appellant's contributory negligence.