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december 2025

Supreme Court of India · 2025-12-08

Radha Thevannoor vs M/S National Insurance Co. Ltd

Court
Supreme Court of India
Petitioner
Radha Thevannoor
Respondent
M/S National Insurance Co. Ltd

Judgment text excerpt

The Supreme Court examined the issue of contributory negligence in a vehicular accident, where the High Court had attributed 50% negligence to the deceased-driver. The appellant challenged this finding, emphasizing the credibility of eyewitness testimony and the absence of clear evidence of negligent driving by the other vehicle. The Court considered the inspection report indicating probable rash driving by the offending vehicle, a truck, and evaluated the evidence to determine liability. The judgment underscores the importance of evidence in apportioning negligence in road accident cases and upheld the High Court's findings with nuanced considerations.

Radha Thevannoor vs M/S National Insurance Co. Ltd · Niyam