( 1 ) LORD du Parcq has pointed out that the "underlying principle of the law of the highway is that all those lawfully using the highway must show mutual respect and forbearance". Hence, the duty of a person, who drives or rides a vehicle on the highway, is to use reasonable care to avoid causing damage to persons, vehicles or property of any kind on or adjoining the highway. Urbanisation with auto revolution is not an unmixed good. Accidents are a few amongst other evil effects of it. This preface is required as the question involved in this appeal is regarding contributory negligence of the claimant.

( 2 ) THE genesis of the claimant's case is that he was aged about 58 years at the time of accident and was working as Head worker at Mangalore Port Trust. On the fateful day, i. e. , on 24. 11. 1997 when he was standing by the side of the road in order to cross and go to the other side, a lorry bearing registration No. KA 19-5259 came from Udupi side at high speed in a rash and negligent manner on its wrong side and hit him. Due to the accident he sustained grievous injuries, namely, fracture of right femur, fracture of right acetabulum. He was shifted immediatel