Karnataka High Court Sets Aside 40% Contributory Negligence in Fatal Accident Case
The Karnataka High Court has delivered a significant ruling clarifying liability in road accidents involving parked vehicles. In a recent judgment, the court held that a driver or vehicle owner who parks their vehicle in the middle of the road at night without proper signals, indicators, lights, or reflectors bears sole responsibility for any resulting accident.
Background of the Case
The case originated from an appeal against a Motor Accident Claims Tribunal order that had previously attributed contributory negligence to a deceased victim, thereby reducing the compensation payout to his family. The accident occurred on August 21, 2022, when P Ramesh was driving a car near Empedu Eswaraiah Colony in Tirupati district, Andhra Pradesh.
Ramesh collided with a tractor-trailer that was parked in the middle of the road. He sustained grievous injuries and later succumbed during treatment. Following the tragic incident, his wife, children, and mother filed a petition seeking compensation of Rs 40 lakh.
Tribunal's Initial Ruling and High Court's Intervention
The Motor Accident Claims Tribunal, after reviewing the evidence, granted only Rs 18.13 lakh in compensation. The Tribunal held that Ramesh was 40% negligent in the accident, arguing that he could have avoided the collision by driving more slowly, despite the tractor-trailer being parked improperly without precautionary measures.
A single-judge bench of Justice P Sree Sudha, in an order dated January 23, set aside this ruling. The High Court emphasized that the parking of the tractor on a national highway was prohibited under Regulation 15(2)(iv) of the Rules of the Road Regulation, 1989, which forbids parking on main roads or those carrying fast traffic.
Court's Reasoning and Final Judgment
The High Court noted that the accident occurred around 12:30 am, and Ramesh was unable to see the parked vehicle due to the lack of signals. The bench stated, "Therefore, the entire negligence is on the driver of the parked tractor in the middle of the road and there is no negligence on the part of P Ramesh, who was driving the car. The contributory negligence fixed to the extent of 40 per cent is without appreciation of the facts properly and is set aside."
Consequently, the bench revised the compensation awarded to the claimants. It modified the Tribunal's order by increasing the compensation amount to Rs 24.93 lakh. The court directed the concerned insurance company to deposit this amount within one month.
Implications of the Ruling
This judgment underscores the importance of adhering to traffic regulations, particularly regarding vehicle parking. It establishes a precedent that drivers who park vehicles in hazardous conditions without proper safety measures cannot shift blame onto others involved in accidents. The ruling aims to enhance road safety and ensure fair compensation for victims in similar cases.
