Question

PRINCIPLE: A person who commits an unlawful act towards another which can be imputed to him, must repair the damage which the other person suffers as a consequence thereof.
FACTS: Mr. Rajender Singh was riding his scooter on the right side of the road which is illegal as per the Traffic Rules. Mr. Rajesh Cawla's was driving his car in the opposite direction. The two vehicles collided and resulted in loss of RS. 50,000 to Mr. Rajender Singh. This includes his medical expenses and damage to the scooter. In this accident there is no fault on the part of Mr. Rajesh Chawla.

• A. Mr. Rajendar Singh will not get any amount damages
• B. Mr. Rajender Singh will get full compensation
• C. Mr. Rajender Singh will get part of compensation
• D. None of the above

Answer 1

The correct option is A Mr. Rajendar Singh will not get any amount damages

• Contributory negligence acts as a good defence against negligence in accident claims. It states that where a person has suffered damage which is partially a result of his own fault, he cannot be entitled to the damages arising out of his own fault. In order to establish this defence, the defendant needs to prove two things:
  

(1) the claimant in these circumstances has failed to take proper care of his own safety.
(2) this failure to take care is partially the cause for damage that has occurred. In the case of Pitts v Hunt where two minors were riding on the wrong side of the road at high speed, were hit by an oncoming car resulting in death of one, the Court attributed 100% contributory negligence to the plaintiffs and refused any damages from the defendant.

• Hence, in the present case where Rajender Singh was driving illegally from a wrong side cannot claim damages as he equally responsible for the accident.