Tag Archives: #Contributory Negligence

Citation: MFA No. 200227 of 2020

Introduction:

This application is Challenging order dated 12.11.2019 passed by II Addl. Senior Civil Judge & MACT, Kalaburagi. as per order dated 28.01.2021, there was confinement of grounds in appeal and only challenge was with regard contributory negligence.

Facts:

as per claimant on 25.11.2014, Sadique Hussain was riding motorcycle bearing registration no.MH-13/AS-6612 on Solapur – Vijayapur road. Tractor bearing no.MH 13/BR-1486 attached with two trailers bearing registration no.MH-13/T-7019 and MH-13/T-7020 parked on road without any indicator or any other precautions that too during night. Rider of motorcycle was not able to notice same and dashed against tractor-trailer leading to his death. Claiming compensation, claim petition under Section 166 of MV Act was filed against owner and insurer of tractor respectively.

On service of notice and entering appearence, respondents opposed claim petition on all grounds. Tribunal framed issues and recorded evidence. On consideration tribunal held that accident had occurred due to rash and negligent parking of tractor- trailer on road and that claimants were entitled for compensation of Rs.8,74,000/- and also held respondents are liable to pay same.

Merely on ground that tractor-trailers were parked on road, negligence cannot be apportioned against driver of tractor-trailer, unless there was specific proof that accident occurred despite deceased taking sufficient care and caution while riding. Hence no interference was called for. From above submission, and since only insurer is in appeal, point that would arise for consideration is: “Whether finding of tribunal on contributory negligence and liability calls for interference?”

Court’s Analysis and Judgement

Court observed As per Regulation 15(1) of Road Regulation 1989, parking of motor vehicles on road without taking proper precautions is prohibited. Moreover, accident occurred on national highway, wherein vehicle ply in high speed. Such being case, without specific evidence regarding precautionary measures such as switching on of indicators, parking lights and placing barricades etc. by driver of tractor-trailer, tribunal would be justified in holding entire negligence against him and absolving negligence against rider of motorcycle.

Even insofar as apportionment of liability, admittedly, trailers are towed by tractor and cannot move by themselves. While passing impugned award tribunal has taken note of said aspect and held insurer of tractor liable to pay entire compensation. Same would be in accordance with law. No good or sufficient reasons are made out to interfere with the impugned award.