Page 25 - Insurance Times October 2023

Contributory

Negligence in

Motor Accident

Cases Ravi Ranjan Kumar Rana
Assistant Vice President
HDFC Ergo General Insurance
Head Office, Mumbai

This is also called comparative negligence in few jurisdictions. The modern position is more evolved,
matured and logical. The shift is not abrupt and dramatic but it has evolved over a period of time
through judicial pronouncements and modern legislations, and has its foundation in sound logic
and scientific reason.

At common law in old days, contributory negligence
Abstract
operated as a complete defense. Once contributory
The pure contributory law theory where plaintiff would negligence was established plaintiff would get nothing. This
get nothing even if he was slightly negligence has few
is called pure contributory negligence. Even today in a few
takers these days. The modern theory of contributory
jurisdictions where this theory applies, plaintiff gets nothing
negligence is more evolved, scientific and logical and in even if he is partially negligent. Contrary to this, in modern
tune with the changing needs of the society where days in majority of jurisdictions even if contributory
compensation is reduced in proportion of negligence of negligence is established, the claimant will get his damages
plaintiff/victim. but it will be reduced by the court in proportion to his fault.
Standard of care is objective but not uniform keeping in
mind attaining circumstances like the mental faculty and This is also called comparative negligence in few jurisdictions.
physical agility of the victim. For example, a child is held The modern position is more evolved, matured and logical.
guilty of contributory negligence only if he or she is of The shift is not abrupt and dramatic but it has evolved over
such an age as reasonably to be expected to take a period of time through judicial pronouncements and
precautions for his or her own safety. modern legislations, and has its foundation in sound logic
and scientific reason.
The misconception that claims in motor accident cases
is filed for causing the accident. Rather, it is filed for the Contributory Negligence: Foreseeability
damage/injury caused by the accident i.e. resultant
injuries/damage. Hence, all the factors responsible for of harm to himself
causing injuries must be taken into account including not What is "contributory negligence" has been aptly put in
wearing seatbelt/helmet while travelling in a motor nutshell Lord Denning in following words:
vehicle or riding a motorbike, in apportioning the "Although contributory negligence does not depend on
contributory negligence in motor third party claims in a duty of care, it does depend on foreseeability. Just as
India. actionable negligence requires the foreseeability of harm

24 October 2023 The Insurance Times