NEW DELHI: In a judgment, the Supreme Court has said applying sudden brakes without any warning in a highway would make the car driver negligent in road accident cases.
A bench of Justices Sudhanshu Dhulia and Aravind Kumar pointed out in a highway, high speed of vehicles is expected and if a driver intends to stop his vehicle, he has a responsibility to give a warning or signal to other vehicles moving behind on the road.
The court held a car driver as 50 per cent liable in a road accident case.
It noted the car driver in his evidence has admitted that he had suddenly applied the brakes as his wife was pregnant and she had a vomiting sensation.
In the case, appellant S Mohammed Hakim was a 20-year-old engineering student whose left leg got amputated in an accident.
According to case details, the appellant had dashed his motorcycle into the rear side of the car and fell on the right side of the road in Coimbatore on January 07, 2017. The bus coming from behind drove over the appellant.
The court allowed his plea for enhancement of compensation.
"In our view, the concurrent finding that the appellant was definitely negligent in not maintaining a sufficient distance from the vehicle moving ahead and driving the motorcycle without a valid license is correct," the bench said.
But at the same time, the bench said, it cannot be ignored that the root cause of the accident is the sudden brakes applied by the car driver.
"The explanation given by the car driver for suddenly stopping his car in the middle of a highway is not a reasonable explanation from any angle,'' the bench said.
The court found the appellant as liable for contributory negligence but only to the extent of 20%, while making the car driver and bus driver as liable for negligence to the extent of 50% and 30% respectively.
The court concluded the total amount of compensation as Rs 1,14,24,066.
It, however, reduced it by 20 per cent due to contributory negligence by the appellant, to be paid to him by the insurance companies of both the vehicles, within four weeks.
On the plea by the appellant, the Motor Accident Claims Tribunal exonerated the car driver and determined the negligence of the appellant and the bus driver in the ratio of 20:80. It put the contributory negligence of 20% on the appellant for not maintaining a sufficient distance from the car.
The Madras High Court, however, held the car driver and bus driver liable for negligence to the extent of 40% and 30% respectively and made the appellant liable for 30% contributory negligence.
