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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.



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