Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 – ss.166 and 140 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 – ss.166 and 140 – Fatal accident– Victim-deceased was travel ling along with herhusband-appellant no.1 in the car driven by PW-2 – The car dashedagainst the truck which was running ahead of it – Resulting indeath of victim-deceased – Claim petition – Tribunal held thataccident occurred due to rash and negligent driving by the driverof the car and concluded that truck driver and the insurer of thetruck were not liable to pay any compensation – High Court upheldthe order of the Tribunal – Held: PW-2 admitted that the subjecttruck was running ahead of the car for quite some time about onekilometre and at the time of accident, the distance between the truckand car was only 10-15 feet – He also admitted that the lawmandates maintaining sufficient distance between two vehiclesrunning in the same direction – Distance of 10-15 feet between thetruck and car was certainly not a safe distance for which the driverof the car must take the blame – When car was following the truckand no fault can be attributed to the truck driver, the blame mustrest on the driver of car for having driven his vehicle rashly andnegligently – However, s.140 of the Act provides for liability of theowner of the vehicle (subject truck) involved in the accident –Fastening liability u/s.140 of the Act on the owner of the vehicle isregardless of the fact that the subject vehicle was not driven rashlyand negligently – Therefore, appellants granted limited relief u/s.140of the Act – Rules of Road Regulations, 1989 – regn. 23 – RoadSafety – Distance of vehicles in front. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2018 INSC 431 |
Petitioner | Nishan Singh & Ors |
Respondent | Oriental Insurance Company Ltd. Through Regional Manager & Ors. |
SCR | [2018] 6 S.C.R. 795 |
Judgement Date | 2018-04-27 |
Case Number | 10145 |
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