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HC (21/02/2023)


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  1. Motor Accident Claims–Contributory Negligence–Scope for drawing the conclusion–Factum of contributory negligence cannot be based solely on the site map in absence of any evidence being led by the respondents and further that the deceased was not having a valid driving license at the time of the accident, will be of no consequence.
  2. Motor Accident Claims–Contributory Negligence–Findings of– Sustainability–Head on collusion between the jeep and motor-cycle at the curve of the road–Jeep was on the extreme right side of the road–it was supposed to be driven on the left side–Motor-cycle was in the correct lane and correct side–It cannot be concluded that the deceased was negligent–Insurance Company did not produce any evidence as regards to the negligence of deceased– Even, the witnesses of the claimant were not cross-examined over this aspect–Contributory negligence cannot be saddled on the ground that the deceased was not having the driving license–Findings cannot be sustained.