Contributory negligence - Hitting from behind - Motor cycle dashed against the rear of bus parked in the middle of road resulting in death of motorcyclist - Tribunal held that bus driver was negligent to the extent of 80 per cent and motorcyclist to the extent of 20 per cent.

Citation

2023 ACJ 775

 IN THE HIGH COURT OF DELHI AT NEW DELHI 

(MAC Appeal No. 411 of 2015; decided on 29.3.2023)

PRESENT:

MR. JUSTICE GAURANG KANTH

Sushila Devi and others

Appellants

V.

Sandeep Kumar and others

Respondents

Negligence-Contributory negligence-Hitting from behind-Motor cycle dashed against the rear of bus parked in the middle of road resulting in death of motorcyclist-Tribunal held that bus driver was negligent to the extent of 80 per cent and motorcyclist to the extent of 20 per cent-Contention that bus driver left his vehicle unattended in the middle of road without any indicator therefore accident occurred due to sole negligence of bus driver-Held: eye- witness/nephew of the deceased, who was travelling on another motor cycle behind the deceased, deposed that he was able to see the bus which proves that accident could have been avoided had the deceased taken proper care; Tribunal's finding upheld.

(Paras 10, 19, 21, 22)