Supreme Court of India
Sudhir Kumar Rana v. Surinder Singh & 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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We, therefore, are of the opinion that the impugned judgment cannot be sustained which is set aside accordingly. Appellant is entitled to the said sum of Rs. 30,000/- by way of compensation with interest at the rate of 7%% per annum from the date of the award till making of the payment. Even otherwise there is no reason as to why in view of the nature of the injuries he has suffered, he should be deprived of even the petty sum of Rs.30,000/- by way of compensation. The appeal is allowed with the aforementioned direction. No costs.
Judgment, Para 10 [876-E, F]
From the headnote
Motor Vehicles Act, 1988; Ss. 166 and 173: Contributory negligence - Motor Vehicle accident - Claimant, a minor, driving two-wheeler met with an accident with a tractor driven rashly and negligently by respondent No.1 - Liability of a minor - Deduction of certain amount from compensation as awarded by Tribunal on ground of contributory negligence - Held: Doctrine of contributory negligence not applicable to a minor with the same force as to a adult person - If complainant is guilty of an act/omission materially contributing to the accident resulting in injury and damage, the doctrine of contributory negligence would apply.
Authorities it was built on
- Muthuswamy and another v. S.A.R. Annamalai and others
- New India Assurance Company Ltd. v. Avinash
- T.O. Anthony v. Kavarnan & Ors
Where later benches applied it
- 2025 Srikrishna Kanta Singh v. The Oriental Insurance Company Ltd. & Ors.
- 2017 Sri Dinesh Kumar J. @ Dinesh J. v. National Insurance Co. Ltd. & Ors.
Of those, 1 relied on · 1 referred to
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