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Documents citing Talasila Sandhya vs A.P. State Road Transport Corporation ... on 1 October, 1996

Rupali D/O Sh. Ramender Bahadur Singh vs ) Sh. Rajan Jain S/O Sh. Shyam Lal Jain on 4 June, 2011

During arguments, counsel for respondents no. 1 and 2 tried to raise a point of contributory negligence on the part of the petitioner also as she being minor girl of age of 9-10 years was walking on the road and his uncle PW-2 was at a distance of about 30-40 feet away from her as admitted by him in his cross examination. However firstly this is not the defence of respondents in their written statement and secondly as per decision of Andhra Pradesh High Court given in case Talasila Sandhya vs. A.P. State Road Transport Corporation 1999 ACJ 629 there cannot be any negligence or contributory negligence against a child of tender age.
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) Smt. Lad Kunwar W/O Sh. Rajesh Kumar vs ) Sh. Sanjay Kumar S/O Sh. Bighan Singh on 10 June, 2011

Andhra Pradesh High Court in case Talasila Sandhya vs A.P. State Road Transport Corporation 1999 ACJ 629 held that there can not be any negligence or contributory negligence as against a child of tender age. In this case the two girls had suffered injuries while crossing the road and it was not a death case. Here in the present case, the negligence on the part of the petitioners is clearly visible as they had left their very small child unattended who had reached in the middle of the road and their parents i.e. petitioners were present at some distance from the spot of accident and could not reach at the spot of accident to save the child.
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Mohd. Israj S/O Mohd. Kamruddin vs ) Sh. Dharambir (Driver) S/O Sh. Munshi ... on 18 October, 2010

However petitioner PW-1 who himself was aged about 17 years at the time of accident was driving a scooter without having any driving license as admitted in his cross examination which was not permissible under law. His driving scooter without any license on a busy public road was not only illegal but also leads to the inference that petitioner had somehow contributed negligence. Counsel for petitioner cited case law Talasila Sandhya vs. A.P. State Road Transport Corpo. 1999 ACJ 629 and argued that no contributory negligence can be attributed to a child but this case law is not applicable to the present facts and circumstances of the case because a person aged about 17 years cannot be treated as a child of tender age.
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