Lawstreet Journal

Violation Of Law Under MV Act Doesn’t Ipso Facto Lead To The Conclusion Of Contributory Negligence By Petitioner: SC

Lawstreet Journal 16 Jan 2020 5:31pm

Image courtesy: Lawstreet Journal Judiciary 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… Continue Reading...

Tagged: Motor Vehicle Act   Motor Accident Claims Tribunal  
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