Supreme Court Overturns Contributory Negligence Finding in Fatal Accident Case, and The judgment highlights the importance of responsible vehicle parking, particularly on highways at night.

The Supreme Court of India in a motor vehicle accident case emphasized the importance of proper parking, especially on highways at night. In a notable negligence case, the court reversed previous decisions from lower courts that leaving a parked vehicle in the middle of the road without lights constitutes negligent conduct, which also affirmed that the owner and fully responsible for every accident.The judgment also reaffirms the principle that a driver's negligence cannot be imputed to passengers, ensuring they receive full compensation for damages.

Brief Background: The story stems from a tragic accident in which a car crashed into an abandoned truck parked in the middle of the highway at night. Initially, the Belagavi Traffic Accident Tribunal and the Karnataka High Court held the driver is partially at fault for his negligence. However, the Supreme Court reversed these decisions and ruled that the owner or driver of the truck was fully liable for the incident.

Backgound: On August 18, 2013, a car collided with a stationary 14-wheeler parked in the middle of the road, which had no warning signs or lights. Three of the drivers and passengers died in the accident, one passenger, Mrs. S.K. Sushma, survived but sustained serious injuries. And subsequently Mrs. Sushma and the families of the deceased filed a case under Section 166 of the Motor Vehicles Act, seeking compensation from the truck owner and the insurance company. The lower courts including High Court initially placed partial blame on the driver, saying he could have avoided the accident with more care, reducing the compensation award by 50% .

This case involved a fatal accident where a car collided with an abandoned truck parked in the middle of a highway at night. The initial judgments by the Motor Accidents Claims Tribunal, Belagavi, and the High Court of Karnataka found the car driver partially responsible for the accident due to contributory negligence. However, the Supreme Court of India overturned these decisions, ruling that the truck owner/driver was solely responsible for the accident due to their negligence.

Case Background:
On August 18, 2013, a car collided with a stationary 14-wheeler truck on a highway. The truck was parked in the middle of the road without any warning signs, lights, or indicators. The collision resulted in the death of the car's driver and three passengers. One passenger, Smt. Sushma, survived but sustained severe injuries.

Smt. Sushma and the legal heirs of the deceased passengers filed claim petitions under Section 166 of the Motor Vehicles Act, 1988, seeking compensation from the truck owner and insurer. The Tribunal and the High Court both found the car driver partially responsible, determining that with more caution, he could have avoided the accident. Consequently, they reduced the compensation awarded to the claimants by 50%.

Supreme Court's Observations.. Truck's Negligent Parking: The Court emphasized that the truck was parked in the middle of the road at night without any lights, reflectors, or warning signs, a clear violation of traffic rules and regulations.

Lack of Illumination:
The accident occurred on a moonless night, and there was no evidence of streetlights at the site. This lack of illumination made it highly unlikely for the car driver to see the truck in time to avoid a collision.● Unreasonable Expectation of Car Driver: The Court found it unreasonable to expect the car driver, traveling at highway speeds in darkness, to spot the truck and react in time.

Driver's Negligence Not Imputed to Passengers:
Citing its previous judgment in Union of India v. United India Insurance Co. Ltd., the Supreme Court reiterated that a driver's negligence cannot be vicariously applied to the passengers. Based on these observations, the Supreme Court overturned the concurrent findings of the lower courts, stating that holding the car driver partially liable was "perverse" and unsustainable. The Court ruled that the truck owner/driver was solely responsible for the accident due to their negligence in parking the vehicle.

Highlights the importance of responsible vehicle parking, particularly on highways at night the Supreme Court overturns lower court rulings and emphasizes that parking a vehicle in the middle of the road without lights constitutes negligence, making the owner fully liable for resulting accidents.Thus the Supreme Court directed that the claimants were entitled to receive the full compensation amount, without any deduction for contributory negligence. The truck's insurer was held jointly and severally liable with the truck owner for indemnifying the awarded compensation.

In a related appeal by the mother of one of the deceased passengers, the Court declined to modify the compensation apportionment between her and Smt. Sushma, despite Smt. Sushma's remarriage after the initial claim decision. However, the Court reiterated that both claimants were entitled to full compensation without any deduction for contributory negligence.

Coram: Justice Pamidighantam Sri Narasimha And Justice Sandeep Mehta.
Between:Sushma Vs Nitin Ganapati Rangole & Ors
Date of Judgment: 19-9-2024