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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