Legal Reference Library

A Division Bench of Kerala High Court comprising of Justice P.R.Ramachandra Menon and Justice Anil.K Narendran in P.J. Jose & Ors. v. Vanchankal Niyas & Ors [M.A.C.A.No. 2482 of 2009] has held that an accident arising out of non wearing of helmet does not lead to an inference to the case of contributory negligence on the part of the person causing accident, so as to limit his claims arising out of such accident. The deceased, who was a student in Coimbatore met with an accident on 11/05/2007, while travelling in his motor cycle. The accident occurred due to the collision of the motor cycle driven by the deceased with a jeep owned, driven, and insured by respondents 1 to 3 respectively. The deceased died due to the fatal injuries arising out of the accident on the same date. In the claim filed before the tribunal by his legal heirs, his claim was limited by the tribunal due to the fact that he had not put on a helmet at the time of accident and this would result in contributory ...

High Court of Australia: In the instant case, the respondent sustained serious spinal injuries which rendered her paraplegic, when she was thrown from the back seat of a car being driven by the appellant who was drunk at the time of the accident. The issue for determination was whether the respondent was contributorily negligent  for choosing to travel in the car driven by the appellant when she ought to have known that he was intoxicated and, secondly, for failing to engage her seatbelt. The trial Judge rejected the contention of the respondent that the appellant’s erratic driving had prevented her from fastening her seatbelt and held that failure to wear a seatbelt constitutes contributory negligence under Section 49 of the Civil Liability Act 1936. The Judge further held that the exception in Section 47(2)(b) of the Act applies in the present case as the respondent could not reasonably be expected to have avoided the risk of riding with the appellant in the circumstances. On ap...