Motor Accident--Contributory Negligence--Violation of Motor Vehicle Rules Alone, Without Finding of Causal Negligence, Cannot Render Deceased Liable for Contributory Negligence
Riding without a valid driving license or carrying two pillion riders — does not by itself constitute contributory negligence under the Motor Vehicles Act, 1988. A finding of contributory negligence requires a specific determination that the accident occurred due to the negligence of the deceased. Where the Tribunal has already recorded that the accident was caused solely by the rash and negligent driving of the opposite vehicle, attributing contributory negligence to the deceased on technical violations alone is legally unsustainable.
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