SMT. M. SABITHA Vs. BRAHMA SWAMULU

JUDGEMENT

(1.) Leave granted.

(2.) The appeal is by the claimants from an order of the High Court, determining the contributory negligence of the deceased driver of the car, whose death is sought to be compensated, at 70%. The accident was a head-on collision of a car driven by the husband of the claimant, with a lorry, resulting in the instant death of the car driver.

(3.) The High Court, however, found on a reading of the rough sketch produced and marked as Exhibit B-5 that both the drivers were negligent and while the deceased was overtaking a vehicle, the lorry coming from the opposite side was also driven in a rash and negligent manner. The High Court, hence, found contributory negligence and fixed the liability of negligence on the driver of the lorry at 30%.