claimant.
14. There is a difference between contributory and composite
negligence. In the case of contributory negligence, a person who has
himself contributed ... examined the extent of
contributory negligence of the appellant and thereby avoided confusion
between composite negligence and contributory negligence. The High Court
has failed
truck were responsible for causing accident amounting to
contributory negligence on the part of the deceased Susil Rout. The
accident occurred on account of head ... prove the plea taken by the Insurance
Company that there was contributory negligence on the basis of the
documentary evidence on record
Where an accident is due
to negligence of both parties, substantially there would be contributory
negligence and both would be blamed. In a case ... properly
be described as negligence, although negligence is not given its usual
meaning. (See Charlesworth on Negligence, 3rd Edn. Para 328). It is now
well
negligence, then the negligence of the part of the
injured which contributed to the accident is
referred to as his contributory negligence. Where
the injured ... examined the
extent of contributory negligence of the appellant
and thereby avoided confusion between composite
negligence and contributory negligence. The High
Court has failed
though with a rider that the victim
was also guilty of contributory negligence, in as much as there were 3
persons on the motor cycle ... could not have been held guilty of contributory negligence. Hence the
reduction of 10% towards contributory negligence, is clearly
unjustified and the same
contributory negligence
noticing, inter alia, earlier decisions on the same topic. It was held that :
"10. The question of contributory negligence on
the part ... negligence'. Negligence
ordinarily means breach of a legal duty to
care, but when used in the expression
11
"contributory negligence", it does
negligence.' Negligence ordinarily
means breach of a legal duty to care, but when used in the expression
"contributory negligence" it does ... contributory negligence as in the case of
defendant's negligence. But the degree of want of care which will constitute
contributory negligence, varies with
Kamath 1986 ACJ 561 (Karnataka), after dealing with the distinction between contributory negligence and composite negligence, this court in para 27 has held that ... payable by each of such tortfeasors to the extent of their contributory negligence as found on facts, then it will not only be in consonance
argument on the question of negligence before the tribunal and Misra J. The tribunal found Lalita Guilty of contributory negligence. Misra J. set aside that ... from doing so. What is negligence in a grown up person is not necessarily negligence in a child. Negligence means want of ordinary care
infer that the respondents were negligence.
ISSUE THREE
20. This issue concerns the question of imputing contributory negligence on the part of Puran ... years of age. The question of contributory negligence of children is entirely different to contributory negligence on the part of the adults. In Lynch
