Contributory negligence -- Pleadings of negligence – Requirement of -- Held, Insurance company has neither laid any foundation in the pleadings nor led evidence in support thereof -- Insurance company did not plead that deceased was not wearing the helmet -- Still further, the insurance company did not lead any evidence to prove this fact and also failed to raise this point before the Tribunal and draw the attention of the Court to the cross examination of eye-witness on this aspect -- Argument of insurance company do not deserve acceptance.

(P&H HC) Decided on: 06.07.2021