38.6c New Delhi, India, Thursday, May 30, 2024
Judiciary

Violation Of Law Under MV Act Doesn’t 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 Doesn’t 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 HC’s 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

aap-minister-atishi-summoned-by-delhi-court-in-bjp-defamation-case-to-appear-on-jun-29
Trending Judiciary
AAP Minister Atishi summoned by Delhi Court in BJP defamation case, to appear on Jun 29

A Delhi Court has summoned Aam Aadmi Party (AAP) Minister Atishi in a defamation case by Bharatiya Janata Party (BJP) spokesperson Praveen Shankar Kapoor.

29 May, 2024 12:44 PM
sikkim-high-court-announces-menstrual-leave-for-female-employees
Trending Judiciary
Sikkim High Court Announces Menstrual Leave for Female Employees [Read Order]

Sikkim High Court grants 2-3 days of menstrual leave monthly to female employees, requiring Medical Officer approval, without deducting from regular leave accounts.

29 May, 2024 01:15 PM

TOP STORIES

live-coverage-in-depth-exploration-of-bhartiya-sakshya-adhiniyam-bsa-at-dhcba-lecture-series
Trending Events & Opportunity
LIVE Coverage: In-Depth Exploration of Bhartiya Sakshya Adhiniyam (BSA) at DHCBA Lecture Series [Watch Live]

LIVE Coverage: DHCBA Lecture Series explores the Bhartiya Sakshya Adhiniyam (BSA), 2023 with Justice Bhambhani & Senior Advocate Jayant Mehta. Tune in at 5pm on LawStreet Journal!

24 May, 2024 11:30 AM
bjp-moves-supreme-court-against-calcutta-high-courts-ban-on-derogatory-ads-targeting-tmc
Trending Judiciary
BJP Moves Supreme Court Against Calcutta High Court's Ban on "Derogatory" Ads Targeting TMC

BJP moves Supreme Court against Calcutta High Court order banning "derogatory" ads targeting TMC during Lok Sabha elections, seeks urgent hearing.

24 May, 2024 12:12 PM
demand-notice-via-courier-valid-in-cheque-bounce-cases-allahabad-high-court
Trending Judiciary
Demand Notice via courier valid in cheque bounce cases: Allahabad High Court [Read Order]

Allahabad HC rules demand notices via courier valid for cheque bounce cases under Section 138 NI Act, but service presumption needs registered post amendment.

24 May, 2024 01:44 PM
cant-interrupt-in-between-polls-sc-declines-to-consider-plea-for-uploading-voters-turnout-data
Trending Judiciary
'Can't interrupt in between polls,' SC declines to consider plea for uploading voters turnout data

SC declines plea to upload voter turnout data during ongoing polls, citing the need to avoid interruptions and uphold electoral integrity, pending further examination.

24 May, 2024 02:06 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email