In a significant ruling, the Supreme Court of India has observed that the mere act of overtaking on the road cannot be deemed as rash or negligent driving. The judgment came from a bench comprising Justices CT Ravikumar and Sanjay Karol while deciding an appeal related to an accident compensation claim under the Motor Vehicles Act.
The case originated from a tragic accident where the appellant, along with his wife, was struck by two tractors while riding a motorcycle. The wife tragically died at the scene, and the husband sustained serious injuries. The couple was engaged in a prosperous business, earning a substantial income.
The Motor Accidents Claims Tribunal initially awarded the appellant a compensation of Rs. 1,01,250/-, far below the claimed Rs. 12,00,000/-, attributing contributory negligence to the victims due to the act of overtaking. The High Court later revised the compensation slightly, applying a higher multiplier but did not fully address the issue of contributory negligence.
The Supreme Court, however, overturned the findings of contributory negligence. The bench noted that overtaking is a routine action on roads and cannot be automatically classified as rash or negligent without supporting evidence. The Court pointed out that the accident was caused by a second tractor, which was being driven recklessly and on the wrong side of the road.
Citing precedents like Municipal Corporation of Greater Bombay v. Laxman Iyer & Anr. and Pramodkumar Rasikbhai Jhaveri v. Karamasey Kunvargi Tak & Ors., the Court emphasized that contributory negligence applies only when the plaintiff’s actions significantly contribute to the harm suffered. The mere act of overtaking does not meet this standard.
The Supreme Court also addressed the issue of compensation, criticizing the tribunal’s decision to use a multiplier of 9 and instead applying a multiplier of 15. Additionally, the Court factored in future prospects when calculating the final compensation, resulting in a substantial increase to Rs. 11,25,000/- from the originally awarded Rs. 1,01,250/-.
The ruling underscores the Court’s stance that everyday driving actions like overtaking should not be hastily labeled as rash or negligent without a thorough examination of the circumstances.
