38.6c New Delhi, India, Friday, October 03, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Violation Of Law Under MV Act Doesnt Ipso Facto Lead To The Conclusion Of Contributory Negligence By Petitioner: SC

By LawStreet News Network      16 January, 2020 12:01 PM      0 Comments
Violation Of Law Under MV Act Doesnt Ipso Facto Lead To The Conclusion Of Contributory Negligence By Petitioner: SC

The Supreme Court in the case of Mohammed Siddique v. National Insurance Company Ltd. on January 8, 2020 held that the violation of law by itself in the Motor Accident Cases, cannot lead to a conclusion of contributory negligence on the part of petitioner. The judgement to this effect was passed by division bench headed by Justice N.V. Ramana and comprising Justice V. Ramasubramanian. 

Facts of the case are as following: 

The son of the appellants who was aged about 23 years, died on 7.09.2008 as a result of the injuries sustained in a road traffic accident two days after the accident. The victim was one of the 2 pillion riders on a motor cycle and he was thrown off the vehicle when a car hit the motor cycle from behind.

The Motor Accident Claims Tribunal concluded that the accident was caused due to the rash and negligent driving of the car. The Tribunal had awarded an amount of Rs.11,66,800/- as the total compensation. Aggrieved by the order of the Tribunal, the Insurance Company had filed an appeal under Section 173 of the Motor Vehicles Act, 1988. The findings of the Tribunal were confirmed by the High Court, but the HC also made a remark that the victim was also guilty of contributory negligence, in as much as there were 3 persons on the motor cycle at the time of the accident, and ordered a reduction of 10% of the compensation awarded by the Tribunal. The HC also revisited the calculation of compensation and arrived at a total amount of Rs. 4,60,000/-. After deduction of 10% towards contributory negligence, the compensation to be awarded was Rs. 4,14,000/-. Aggrieved by the decision of the High Court, the Appellant approached the Supreme Court.

The SC in paragraph 14 of the judgment held that,

. The fact that the deceased was riding on a motor cycle along with the driver and another, may not, by itself, without anything more, make him guilty of contributory negligence.

. a person was a pillion rider on a motor cycle along with the driver and one more person on the pillion, may be a violation of the law. But such violation by itself, without anything more, cannot lead to a finding of contributory negligence, unless it is established that his very act of riding along with two others, contributed either to the accident or to the impact of the accident upon the victim.

The SC also found errors in the HCs method of calculation and proceeded to overturn the HC judgement and restore the judgement of the Tribunal in its entirety. 

Author: Parth Thummar



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS


TOP STORIES

sc-allows-manufacturing-of-green-crackers-in-delhi-subject-to-no-sale
Trending Judiciary
SC allows manufacturing of green crackers in Delhi, subject to no sale

SC allows certified manufacturers to produce green crackers in Delhi, but bans their sale in NCR till further orders, balancing pollution and livelihoods.

27 September, 2025 01:23 AM
kerala-hc-directs-comprehensive-snakebite-prevention-guidelines-for-schools
Trending Judiciary
Kerala HC Directs Comprehensive Snakebite Prevention Guidelines For Schools [Read Order]

Kerala High Court directs comprehensive snakebite prevention and management guidelines for schools, ensuring safety, awareness, and emergency response.

30 September, 2025 08:46 PM
sc-orders-two-judicial-officers-to-go-for-seven-days-training-for-flawed-bail-order
Trending Judiciary
SC orders two judicial officers to go for seven days training for flawed bail order [Read Judgment]

Supreme Court quashes flawed bail order, directs two Delhi judges to undergo 7-day special training on judicial conduct and bail rulings.

30 September, 2025 09:58 PM
sc-seeks-reply-from-iit-delhi-kharagpur-on-plea-to-transfer-student-due-to-mental-health-condition
Trending Judiciary
SC seeks reply from IIT Delhi, Kharagpur on plea to transfer student due to mental health condition [Read Order]

SC seeks reply from IIT Delhi & Kharagpur on plea for transfer of B Arch student citing mental health needs, AIIMS proximity & Article 21 rights.

30 September, 2025 11:22 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email