Case Law Analysis
|Gauhati High Court
Contributory negligence cannot be presumed; insurer must pay full compensation under Motor Vehicles Act | Motor Accident Claim Appeal : Gau HC
United India Insurance was ordered to pay the entire Rs 67.12 lakh compensation with interest after the Gauhati High Court ruled that contributory negligence must be proved by evidence and cannot be inferred. The judgment underscores that insurers cannot rely on a presumption of driver fault in motor accident claims. Claimants and insurers alike must base any reduction in award on concrete proof of negligence.