Biker Not Liable For Contributory Negligence If Parking Lights Of Stationary Vehicle Against Which He Dashed At Night Were Off: Bombay HC

The court enhanced the 13 lakh compensation awarded by the Tribunal and held that the biker's kin are entitled to Rs. 39,51,256 compensation along-with 6% interest from the date of filing of claim petition till its realisation.

"I am setting aside the observations of the Tribunal that, there was 50% contributory negligence of the deceased in the said accident and I am holding that, driver of the offending tempo is sole responsible for the occurred accident," the bench held while doubling the compensation amount awarded to the 46-year-old biker's kin.

Justice SG Dige further observed, "When there is specific rule in respect of taking precautions by stationary vehicle, if such precautions are not taken by the driver/owner of stationary vehicle then liability cannot be shifted on motorcycle rider."

The bench was dealing with an appeal filed by the bike rider's kin – wife and two minor sons- seeking to enhance compensation awarded by Member of the Motor Accident Claims Tribunal, Latur. In 2009 at 10:00 p.m. deceased Mohanrao Narharrao Salunke rammed into a stationary tempo on the Latur Highway and succumbed to his injuries during treatment.

His lawyer argued that the tribunal has wrongly held the rider guilty of 50% contributory negligence. He submitted that the tempo was in the middle of the road, it was dark and the tempo's tail lights were not on. Therefore there was no indication to other vehicles that there was a problem. Moreover, no compensation was awarded under the non-pecuniary heads or for future prospects and consortium.

The respondents argued that the deceased was riding the motorcycle at a high and excessive speed. There was headlight on the motorcycle. In that headlight the deceased could have seen the stationed offending tempo but due to high speed of motorcycle deceased dashed into the offending tempo.

Justice SG Dige observed that in the absence of the offending tempo driver switching on his parking lights, liability of contributory accident cannot be fastened on the deceased bike rider for failing to see the tempo with his motorcycle headlight.

Switching on parking lights in the night is compulsory for all stationary vehicles on the road according to Rule 109, of the Central Motor Vehicles rules, 1989, the court noted.

The judge said he was "unable to understand" findings of contributory negligence given by the Tribunal against the deceased no tail lamps or the indicators of offending tempo were put on or no proper precautions were taken by the driver of the offending tempo, to give signal to the other vehicles to show that, the offending tempo was stationed on the road.

"It has come on record that, no such parking lights were put on the offending tempo, so liability of contributory accident cannot be fastened on the deceased by holding that, he should have seen the stationed tempo under the headlight of motorcycle. When there is specific rule in respect of taking precautions by stationary vehicle, if such precautions are not taken by the driver/owner of stationary vehicle then liability cannot be shifted on motorcycle rider."

Case Title: Mohini Mohanrao Salunke and Ors. VERSUS Ramdas Hanumant Jadhav and Ors.

Citation: 2022 LiveLaw (Bom) 428 

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