Parking Motor Vehicle On Road Without Proper Precautions Prohibited: Karnataka High Court Rejects Plea Of Contributory Negligence

The Karnataka High Court has said that no contributory negligence can be attributed to the deceased driver, who meets with an accident with a vehicle negligently parked on a National Highway.

The Insurance company Future Gen India INS Co Ltd, had approached the court challenging the order of the tribunal dated 12-11-2019, directing it to pay compensation of Rs 8,74,000 to the claimants of deceased Sadique Hussain.

The deceased on 25.11.2014, was riding a motorcycle on Solapur – Vijayapur road. The Tractor attached with two trailers was parked on the road without any indicator or any other precautions that too during night. Rider of the motorcycle was not able to notice the same and dashed against the tractor-trailer leading to his death.

The company argued since the tractor-trailers were insured with different insurers, the tribunal ought to have apportioned liability against the insurer of the trailer also. And merely on ground that tractor-trailers were parked on road, negligence cannot be apportioned against the driver of the tractor-trailer, unless there was specific proof that accident occurred despite the deceased taking sufficient care and caution while riding.

A single judge bench of Justice Ravi V Hosmani noted that as per Regulation 15(1) of Road Regulation 1989, parking of motor vehicles on road without taking proper precautions is prohibited. Moreover, the accident occurred on national highway, wherein vehicles ply in a high speed.

Then it held “Such being the case, without specific evidence regarding precautionary measures such as switching on of indicators, parking lights and placing barricades etc. by driver of tractor-trailer, tribunal would be justified in holding entire negligence against him and absolving negligence against rider of motorcycle.”

As regards the apportionment of liability the bench held “Admittedly, trailers are towed by tractor and cannot move by themselves. While passing the impugned award tribunal has taken note of said aspect and held the insurer of the tractor liable to pay entire compensation. Same would be in accordance with law.”

Accordingly it dismissed the appeal.

Appearance: Advocate Preeti Patil Melkundi for Appellant.

Advocate C. S. Kalburagi for respondent.

Citation: 2023 LiveLaw (Kar) 410

Case Title: Future Gen. India Ins. Co. Ltd AND Zeenath Begum & Others

Case No: MISCL. FIRST APPEAL NO. 200227 OF 2020

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