Mahesh Prasad & Ors vs National Ins Co Ltd & Anr on 15 September, 2023
4. Placing reliance on the judgment of this Court in Dilip
Kumar Sah v. Parshotam Alia Purshotam Lala (Since
Deceased) Through LRs & Anr., 2023:DHC:4978, the learned
counsel for the appellants submits that as the driver and the
owner of the offending vehicle had not pleaded any contributory
negligence, let alone prove the same by way of any evidence,
Signature Not Verified
Digitally Signed By:SUNIL
Signing Date:18.09.2023
11:58:06
MAC.APP. 975/2018 Page 2 of 6
the learned Tribunal has erred in attributing the contributory
negligence to the deceased.