What is doctrine of last opportunity in case of motor accident?

 In the case of Laxman Iyer, Hon'ble Apex Court has referred to the doctrine of last opportunity. Underlying principle of the doctrine is that when both parties are careless, party which has the last opportunity of avoiding the result of other's carelessness alone is liable. This doctrine on facts of the instant case cannot be said to be applicable here and what could be applicable is causation test as held in Laxman Iyer's case. According to this test, cause or causes of damage are to be seen and if it is found that one party's negligence together with other party's negligence was the proximate cause of the accident, the accident would be the result of contributory negligence. In the instant case, deceased Sk.Umar was indeed careless in his act of sleeping at a place neither suitable nor used ordinarily for sleeping. Added to it was the fact that the area was not well lit and so the driver of the offending vehicle could not have had any opportunity of avoiding the accident altogether. Of course, further damage could have been avoided by him, but, for that matter, liability in equal measure has also been fixed on the driver by the Tribunal, and rightly so.

Equivalent Citation: 2015(3)ALLMR565

IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)

First Appeal No. 1023 of 2013

Decided On: 20.11.2014

Shahana
Vs.
Sureshsingh Thakur Gajrajsingh Thakur

Coram:
S.B. Shukre, J.

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