Smt. Vidya Devi and Anr. v. MPSRTC AIR 1975 MP 89

Quick Summary

The Court asked: whose negligence really caused the accident—bus driver, deceased, or both? It found both were negligent at the same time. So, this is contributory negligence. The notional compensation was Rs. 32,400, but since the deceased bore two-thirds fault, the award payable was Rs. 10,000.

Issues

• Who was the real/substantive cause of the accident?
• Is this a case of contributory negligence requiring apportionment of compensation?

Rules

• When both parties’ negligence operates together and neither can clearly avoid the other’s fault, both are treated as substantial causes.
• Compensation is then apportioned according to each party’s share of blame.

Arguments

Judgment

The High Court held that the deceased was negligent for his own safety and that the bus driver was also negligent. The accident was the combined result of both. This is contributory negligence. Compensation was assessed at Rs. 32,400 and reduced to Rs. 10,000 payable, as the deceased was held responsible for two-thirds of the fault.

Ratio Decidendi

Simultaneous negligence = shared causation. If both parties’ negligence substantially operates so that it is impossible to say one alone caused the accident, both are liable and damages are apportioned.

Why It Matters

• Clarifies how courts deal with shared fault in motor accidents.
• Shows the link between causation and apportionment.
• Guides Claims Tribunals on compensation reduction for claimant’s own negligence.

Key Takeaways

• Ask who substantially caused the harm—often, it is both.
• Contributory negligence leads to reduced compensation, not zero.
• Percentages matter: here, 2/3 on deceased → 1/3 recovery.

Mnemonic + 3-Step Hook

Mnemonic: “Both Broke, Both Pay.”

1. Spot Negligence: Identify each party’s careless act.
2. Link to Cause: Did both acts work together to cause the harm?
3. Split the Loss: Apportion compensation by fault share.

IRAC

Issue: Whose negligence was the real cause—driver, deceased, or both?

Rule: If both parties’ negligence simultaneously and substantially causes the accident, treat it as contributory negligence and apportion damages.

Application: Driver lacked due care; deceased neglected his own safety. Their faults co-operated and produced the accident; neither could be singled out as the sole cause.

Conclusion: Case of contributory negligence; award reduced to reflect the deceased’s 2/3 share of fault.

Glossary

Contributory Negligence

When the claimant’s own negligence contributes to the harm; damages are reduced.

Substantive/Real Cause

A cause that truly helps bring about the result, not a remote or trivial factor.

Apportionment

Dividing liability and compensation according to each party’s share of fault.

FAQs

Related Cases