Page 276 - Motor Insurance Ebook IC 72

The Insurance Times

Contributory negligence in common-law jurisdictions
is defense to a claim based on negligence, an action in
tort. It applies to cases where a plaintiff, Claimant has,
through his own negligence, contributed to the harm he
suffered.

A finding of contributory negligence is not a complete
defence for a defendant in the court based on the
circumstances of the case; reduce the damages awarded
to the claimant according to the claimant's level of
culpability.

For example, a pedestrian crosses a road negligently
and is hit by a driver who was driving negligently.
Contributory negligence is often regarded as unfair
because under the doctrine a victim who is at fault to
any degree, including only 1% at fault may be denied
compensation entirely.

Recently A motor accident claims tribunal handed out a
Rs 14.71-crore compensation to a Paschim Vihar, Delhi,
family which lost its bread-earner in a road mishap five
years ago.

The compensation claim was upheld even though the
insurance company contended that the accident
occurred because a Tata Sumo had been parked next

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