The Motor Vehicle (Third Party Insurance) Act 1943 allows ICWA to use the defense of contributory negligence when damages are negotiated between ICWA and the injured party. In cases where contributory negligence can be proved by ICWA the percentage of liability being claimed against it can be reduced. Contributory negligence can only be used as a partial defence and if the injured party and ICWA cannot agree regarding the sharing of liability, an apportionment of liability will be decided by the court.