Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988 Fatal accident Contributory negligence Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988: s.166 – Fatal accident – Contributory negligence – Collision of car with the offending vehicle on the busy road causing death of driver and one person and injuring two others – Tribunal relied on the evidence of eye-witness (PW-7) that the offending vehicle, the Gas Tanker was parked in the middle of road without any indicator or parking lights and it was a sole negligence on the part of the driver of the Gas Tanker – High Court modified the award on the finding that it was a case of contributory negligence and, therefore, the claimants-injured were entitled to only 50% of total compensation – Held: High Court did not doubt the evidence of PW-7 as being unreliable nor did it discard his version that the driver of the car could not spot the parked Gas Tanker due to the flash lights of the oncoming traffic from the front side – The site plan did not support the finding that the Gas Tanker was not parked in the middle of the road – The fact that PW-7 who was standing on the opposite side of the road at a distance of about 70 feet, could see the Gas Tanker parked on the other side of the road would not discredit his version that the car coming from the opposite side could not spot the Gas Tanker due to flash lights of the oncoming traffic from the front side – It is not in dispute that the road is a busy road – The approach of the High Court in reversing the well considered finding recorded by the Tribunal on the material fact, which was supported by the evidence on record, cannot be countenanced – The appellants would be entitled to the enhanced compensation as determined by the High Court in its entirety without any deduction towards contributory negligence. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2018 INSC 128 |
Petitioner | Archit Saini And Anr. |
Respondent | The Oriental Insurance Company Ltd. And Ors. |
SCR | [2018] 1 S.C.R. 626 |
Judgement Date | 2018-02-09 |
Case Number | 7300 |
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