Supreme Court of India
Sushma v. Nitin Ganapati Rangole & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the above discussion, the view expressed by the High Court that if the driver of the car had been vigilant and would have driven the vehicle carefully by following the traffic rules, the accident may have been avoided is presumptuous on the face of the record as the same is based purely on conjectures and surmises.
Judgment, page 14
From the headnote
Issue for Consideration The core issue involved in these appeals centres around the deduction of 50% compensation awardable to the appellant- claimants, who have assailed the concurrent findings of the Courts below on the aspect of contributory negligence whereby, the driver of the car, who also died in the accident, was held jointly responsible for causing the collision. Headnotes† Motor Vehicles Act, 1988 – car collided with a 14-wheeler trailer truck which was left abandoned in the middle of the highway without any warning signs in the form of indicators or parking lights – The collision
Authorities it was built on
- 1983 Bharwada Bhoginbhai Hirjibhai v. State of Gujarat
- 2022 Mekala Sivaiah v. The State of Andhra Pradesh
- 2022 Sukhbiri Devi & Ors v. Union of India & Ors.
- 1997 Union of India v. United India Insurance Co. Ltd. and Ors.
- 2024 Omdeo Baliram Musale & Ors. v. Prakash Ramchandra Mamidwar & Ors.
- 2018 Archit Saini and Anr. v. The Oriental Insurance Company Ltd. and Ors.
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