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Report No. 85

3.56. View of most High Courts.-

Most High Courts seem1 to take the view that though India has no legislation corresponding to the English Act on the subject,2 yet our Courts are free to apply a rule of comparative negligence. On this approach, contributory negligence does not bar recovery, though it may reduce the amount to be recovered by a person who has contributed to an accident.

1. Rural Transport Service v. Betzuni Bibi, AIR 1980 Cal 165 (169) (reviews cases).

2. See para. 3.57, infra.

Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back

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