Road Accident | Contributory Negligence Cannot Be Inferred From Scene Mahazar Alone: Kerala High Court

In an appeal against a Motor Accidents Claim Tribunal order, the Kerala High Court ruled that contributory negligence cannot be solely determined based on the scene mahazar. Justice Shoba Annamma Eapen stated that attributing contributory negligence requires more substantial evidence, such as a police charge or additional corroborative evidence. \r

The appellant, involved in a motorcycle accident where the other driver lacked a valid license, contested the Tribunal's decision attributing 50% contributory negligence to him. The appellant proved his valid license during the accident and disputed the scene mahazar's interpretation. The court referenced precedent to reject the scene mahazar as sole evidence for contributory negligence. \r

Consequently, the insurance company was directed to pay the remaining 50% to the appellant, recovering it from the motorcycle's owner and driver.