New Delhi, Pretr. In a case relating to a road accident, the Supreme Court held that the role of the person who is being accused of negligence for contributing to a road accident should be mentioned in his or her omission or act. A bench of Justices Hemant Gupta and V Ramasubramaniam made the observation in its judgment on an appeal by a woman and her minor children against a decision of the Karnataka High Court.
Failure to avoid collision is not negligence in itself
The High Court had held that the woman’s late husband was also guilty of negligence. The car involved in the collision with the truck was being driven by the husband of this woman and he is also guilty of contributing to negligence. The High Court said that in such a situation the woman and her minor children are entitled to only 50 per cent of the prescribed amount of compensation. However, the top court reversed the high court’s decision, saying that failure to avoid collision by taking some extraordinary precautions was not negligence in itself.
The bench said that the High Court’s finding was not based on any such evidence. It is only a conjecture that if the driver of the car had been alert and had driven the vehicle carefully following the traffic rules, this accident would not have happened. The bench, in its October 6 order, said there was nothing on record that the driver of the car was not driving at a moderate speed or did not follow the traffic rules.
Conversely, the High Court is of the view that if the truck had not been parked on the highway, the accident would not have occurred even if the car was speeding up. Allowing the appeal, the bench modified the High Court’s decision and directed to pay a total compensation of Rs 5,08,996 along with interest at the rate of nine per cent per annum.
In this case, on February 10, 2011, the driver’s car collided with a truck from the front when his driver suddenly stopped his vehicle without any signal. The youth who was driving the car suffered serious injuries and died on the spot. The petitioners claimed compensation of Rs 54,10,000 in the Motor Accident Claims Tribunal, claiming the accident was due to the negligence of the truck driver. Was.