proportion to his contributory negligence. The relevant
portion is extracted hereunder :
“6. 'Composite negligence' refers to the negligence on the part ... have 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
alleged
contributory negligence. Though there is no statutory definition, in
common parlance 'negligence' is categorised as either composite or
contributory. It is first ... 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
contributory negligence may be defined as negligence in not
avoiding the consequences arising from the negligence of some other person,
when means and opportunity ... have 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 ... grounds namely (i) that the deceased
was guilty of contributory negligence inasmuch as he was riding on
the pillion of the motor cycle with
learned Tribunal was of the opinion that there was a contributory
negligence on the part of the deceased also. As regards the amount of
compensation ... described as `negligence'. Negligence
ordinarily means breach of a legal duty to
care, but when used in the expression
11
"contributory negligence
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
rash and negligent driving. But it found Lalita also guilty of contributory negligence to the extent of 20 percent. As regards comnensation the tribunal assessed ... from doing so. What is negligence in a grown up person is not necessarily negligence in a child. Negligence means want of ordinary care
ipsa loquitur is applicable in the present case?
3. Whether any contributory negligence can be imputed to Puran, who was a 7 year ... point that the deceased Puran cannot be attributed with any contributory negligence nor is there any material which points in that direction. Therefore, it would
