In the attending facts and circumstances, merely because a person was attempting to overtake a vehicle, cannot be said to be an act of rashness or negligence with nothing to the contrary suggested from the record. Further, it is the claimant-Appellant(s) who lost a member of their family. Not only was the claimant-Appellant, Prem Lal Anand doing an act which is an everyday occurrence on the road that is overtaking a vehicle, but resultantly suffered extensive injuries himself. That apart, it has also been proved that the offending vehicle was driven rashly and negligently. These two factors taken together lead us to the conclusion that the finding of contributory negligence against the Appellant No. 1 was erroneous and unjustified. Consequently, compensation awarded on this count has to be revised. {Para 13}
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 8503-8504 of 2024.
Decided On: 07.08.2024
Prem Lal Anand and Ors. Vs. Narendra Kumar and Ors.
Hon'ble Judges/Coram:
C.T. Ravikumar and Sanjay Karol, JJ.
Author: Sanjay Karol, J.
Citation: MANU/SC/0845/2024,2024 INSC 585.
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