Duty Of Stationary Truck's Driver To Use Parking Lights: Bombay High Court Enhances Compensation To Kin Of Deceased Biker In Fatal Collision

Observing that the driver of a stationary vehicle on the road has the duty to turn on parking lights, the Bombay High Court recently attributed 100 percent negligence to the driver of a stationary truck that collided with a motorcycle at night.

Justice Shivkumar Dige enhanced the compensation awarded to the kin of the deceased in the fatal accident in 2003 in a plea seeking by the deceased's kin seeking higher compensation. 

“It is significant to note that the driver of the truck / trailer has not examined himself or any witness to prove that he had taken proper care to avoid the accident. The parking lights of the said truck were not on. It was the duty of the driver of the offending truck to put on the parking lights when the truck was stationed on the road…I am holding that there was 100% negligence of the driver of the truck”, the court held.

Background

On December 17, 2003, at approximately 9:15 p.m., the deceased was riding his motorcycle towards Chakan. Near the village of Sudwadi, in front of Kalbhor Vasti on the Talegaon Chakan road, a truck was parked without parking lights. Due to the dark night and the lack of signals from the stationed truck, the deceased collided with it from behind, resulting in fatal injuries.

The Motor Accident Claim Tribunal, Pune, in the claim petition by claimant Nita Narendra Nadgouda, attributed contributory negligence of 65 percent to the deceased and 35 percent to the driver of the stationed truck. She filed the present first appeal in 2011 seeking enhanced compensation.

Arguments

Advocate Yogesh Pande for the appellant argued that the parked truck had no parking lights, contributing to the accident. He asserted that the negligence lay solely with the truck driver.

Advocate Devendranath S Joshi for the New India Assurance Co. Ltd. contended that an offense was registered against the deceased, indicating negligence on his part. He contended that the Tribunal had appropriately considered this aspect, and no interference was warranted.

Court's Analysis and Verdict

Citing Rule 109 of the Central Motor Vehicle Rules, 1989, the court highlighted the duty of the driver to take proper precautions when a vehicle is stationed on the road, including the use of parking lights. The court noted that neither the driver nor any witness had been examined to prove that proper care was taken.

Referring to the precedent in the case of Mohanrao Salunke v. Ramdas Hanumant Jadhav, 2022 LiveLaw (Bom) 428, the court emphasized the duty of the driver of a stationary truck to exercise proper precautions. It disagreed with the Tribunal's allocation of 65 percent contributory negligence to the deceased and set aside this decision, attributing 100 percent negligence to the truck driver.

The Tribunal had held that the claimant is entitled to the total amount of Rs.11,93,760/- out of which 65 percent amount was deducted towards contributory negligence of the deceased. However, the court, stating that there was no contributory negligence of the deceased, held that the appellant is entitled to the full amount of Rs.11,93,760/-.

The court determined that the appellant was entitled to a total amount of Rs. 12,70,760, which included Rs. 44,000 as consortium amount, Rs. 16,500 for loss of estate, and Rs. 16,500 for funeral expenses. Deducting the earlier awarded amount of Rs. 4,35,816, the enhanced compensation amounted to Rs. 8,34,944.

The court ordered the Insurance Company to deposit the enhanced amount along with 7 percent interest per annum within four weeks. The appellant was permitted to withdraw the amount upon deposit by the Insurance Company.

Case no. – First Appeal No. 693 of 2011

Case Title – Nita Narendra Nadgouda v. M/s. Garuda Carriers and Shipping (P) Ltd. and Ors.