No Contributory Negligence By Car Driver Who Rammed Into Truck From Behind Due To Non-Functional Brake Lights: Bombay High Court

Justice Shivkumar Dige set aside an order of the Motor Accident Claims Tribunal which held the deceased 50% responsible for the accident. The court enhanced the compensation awarded to the deceased car driver, nearly doubling the amount to Rs. 29,40,000.

“Driving 70 feet long trailer without any break light or tale lamps is a grievous negligence, but these facts are not considered by the Tribunal and has fixed 50% contributory negligence on the deceased, which is erroneous. Hence, I hold that accident occurred due to sole negligence of the driver of the offending trailer."

Facts of the Case

The claimant's case was that on 12th January 2006, around 8.30 p.m., the deceased Ravindra was proceeding towards Sanaswadi from Shikrapur by Nagar-Pune highway in his Maruti Car. On the way, a trailer truck proceeding towards Pune without any parking or brake lights stopped his trailer in the middle of the road. In the absence of brake lights, the car rammed into the trailer, and the driver died of multiple injuries.

The Tribunal held the card river responsible for contributory negligence at 50% and awarded the family Rs. 15 lakh.

The Insurance Company appealed against the judgement, claiming that the deceased car driver was solely responsible for the accident as he rammed into the truck from behind. The claimants sought enhanced compensation.

The claimants contended that the offending vehicle, a trailer truck, was 70 feet long and stopped in the middle of the road without any indicator in the night. Moreover, the Insurance Company didn't examine the RTO Officer to prove that the driver of the offending truck was not holding an effective and valid driving license.

Justice Dige observed that the trailer driver did not enter the witness box to prove the deceased's negligence. The court also criticized the insurance company for failing to examine officers from the RTO to substantiate their claim that the trailer driver did not possess a valid driving license.

Allowing the family's cross-objection, the High Court enhanced the compensation amount to Rs. 29.4 lakh, with interest at 7.5% per annum from the date of filing the claim petition. The insurance company was directed to deposit the enhanced amount within eight weeks, after deducting Rs. 45,000 towards excess non-pecuniary compensation awarded by the Tribunal.

Case Title - The New India Assurance Co. Ltd. Vs Mangal Ravindra Divate

Appearances - Ms.Karishma Jhaveri i/b M/s.Navdeep Vora & Associates, for the Appellant. Mr.Yogesh Pande, for Respondent Nos.1 to 3.

Case No.- FIRST APPEAL NO. 939 OF 2023

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