Page 277 - Motor Insurance Ebook IC 72
P. 277
Guide for Motor Insurance
to the central verge on the G T Karnal highway without
its parking indicators on. The car driven by Delhi resident
Rajneesh Goel rammed into the stationary Tata Sumo,
leading to his death.
The tribunal dismissed Oriental Insurance Company's
contention that Goel was guilty of "contributory
negligence". S K Paruthi, who appeared for Goel's wife
Alka and her children, argued, "It was a case of sheer
negligence by the Sumo's driver, who had parked his
car close to the central verge on the highway to replace
a flat tyre."
Q 5. What are the Defenses against Negligence?
Ans. Following are the Defenses against Negligence:
a) Volenti Non-fit Injuria.- This legal maxim denotes
that if a person voluntarily consents to run the risk,
the question of negligence does not arise. This
defense may arise in passenger claims.
When a person has of his own willingness and
consent decided to become a passenger in it
public service vehicle, then he cannot complain
of matters ordinarily incidental to traffic in such
vehicles. This means that if a person voluntarily
consents to run the risk, the question of negligence
does not arise.
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