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may 2008

Supreme Court of India · 2008-05-06

SUDHIR KUMAR RANA vs SURINDER SINGH .

Citation / case number
SC 2007/7268
Court
Supreme Court of India
Petitioner
SUDHIR KUMAR RANA
Respondent
SURINDER SINGH .
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 does not mean they can never be found guilty of it. The Court clarified that contributory negligence applies when the injured party's actions materially contribute to the accident, and thus, the compensation awarded can be reduced accordingly. The appeal was dismissed, affirming the lower court's decision to reduce the compensation due to the appellant's contributory negligence.

SUDHIR KUMAR RANA vs SURINDER SINGH . · Niyam