Case Note & Summary
The Supreme Court heard an appeal challenging the High Court's finding of 50% contributory negligence on the deceased car driver in a motor accident claim case. The accident occurred on 17.11.2014 at 02:30 am on a National Highway, resulting in the death of the car driver. The Tribunal had found the truck driver negligent based on eyewitness testimony, but the High Court reversed this finding and imposed contributory negligence, reducing compensation by 50%. The Supreme Court examined the evidence including eyewitness testimony of PW-3, inspection report of the truck, and statements of witnesses. The Court found that the eyewitness testimony clearly established the truck driver's negligence as the truck was driven rashly on the right lane and suddenly swerved to the left lane where the car was proceeding. The inspection report showing major damages on the left side of the truck corroborated this version. The Court held that the High Court's finding of contributory negligence was based on mere surmises and conjectures without proper evidence. The Supreme Court set aside the contributory negligence finding and restored the Tribunal's award for full compensation, while upholding the High Court's deletion of Rs.1,60,000 towards love and affection.
Headnote
Motor Vehicles Act, 1988- Fatal accident between car and truck- Claim for compensation - Award of tribunal- Challenged before High court- Aggrieved and dissatisfaction by the appellant/claimant with the judgment of the high court- Challenged before Apex Court- High Court's finding qua contributory negligence on the part of deceased car driver is under challenge-- Supreme Court held that the High Court erred in finding contributory negligence based on mere surmises and conjectures -- The eyewitness testimony of PW-3 clearly established negligence of the truck driver -- The inspection report of the truck corroborated the eyewitness version -- The truck driver's claim of tyre burst was not supported by evidence -- No justification in determination of contributory negligence on the basis of surmises and conjectures- The High Court's deletion of Rs.1,60,000 towards love and affection was upheld -- The appeal was partly allowed Para- 6-10
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Issue of Consideration: Whether the High Court was justified in finding contributory negligence on the part of the deceased car driver and reducing compensation by 50%
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Final Decision
The Supreme Court partly allowed the appeal -- Set aside the High Court's finding of contributory negligence -- Restored the Tribunal's award for full compensation except Rs.1,60,000 deleted towards love and affection -- Directed payment of balance amounts with interest at 7.5% per annum as directed by Tribunal
