Motor Accident Compensation Claims – Contributory negligence on the part of a driver of the vehicle involved in the accident cannot be vicariously attached to the passengers so as to reduce the compensation awarded to the passengers or their legal heirs as the case may be. (Para 19) In order to establish contributory negligence, some act or omission which materially contributed to the accident or damage should be attributed to the person against whom it is alleged. (Para 35)
Constitution of India,1950; Article 136– The scope of interference concurrent finding while exercising jurisdiction under Article 136 – Referred to Sukhbiri Devi v. Union of India – This Court in exercise of its jurisdiction under Article 136 of the Constitution of India has the power to interfere, even if the Courts below have concurrently reached to a common conclusion with respect to a certain factual aspect, subject to the condition that such a conclusion is so perverse that no reasonable person could arrive 9 at such a conclusion even if the evidence was taken at its face value. (Para 114-15)