Case Note & Summary
The case arises from a motor accident on 12.06.2015, where a luxury bus (GJ-10-W-9585) collided with a stationary truck (GJ-23-V-2544) parked on a service road at around 03:30 hours without any signals or precautionary measures. The deceased was a passenger in the bus and sustained fatal injuries. The claimants filed MAC Petition No.972/2015 seeking compensation. The Motor Accident Claims Tribunal, Rajkot, partly allowed the claim petitions and apportioned 50% liability on the driver of the luxury bus and 50% on the driver of the truck. Aggrieved, the insurance companies (The New India Assurance Co. Ltd. and United India Insurance Co. Ltd.) filed appeals under Section 173 of the Motor Vehicles Act, 1988. The appellants argued that the Tribunal erred in holding the bus driver equally liable, contending that the truck was parked unattended on the service road without any signals, and the bus driver could not have anticipated such obstruction. The court heard Mr. Rathin P. Raval for The New India Assurance Co. Ltd. and Mr. Vibhuti Nanavaty for United India Insurance Co. Ltd. The claimants' counsel remained absent. The court perused the original record and proceedings. The court held that the truck driver was solely negligent for parking the vehicle without any signals or precautions on a service road at night, and the bus driver could not be expected to anticipate such an obstruction. Consequently, the court allowed the appeals, set aside the Tribunal's finding of 50% liability on the bus driver, and held the truck driver solely liable for the accident. The court directed that the insurance company of the truck (United India Insurance Co. Ltd.) shall pay the entire compensation amount, with the bus insurer (The New India Assurance Co. Ltd.) being exonerated from liability.
Headnote
A) Motor Accident Claims - Contributory Negligence - Apportionment of Liability - Section 173 Motor Vehicles Act, 1988 - The court considered whether the Tribunal correctly apportioned 50% liability on the bus driver when the truck was parked unattended without signals on a service road at night - Held that the truck driver was solely negligent for parking without precautions, and the bus driver could not be expected to anticipate such obstruction - The appeal was allowed, setting aside the 50% liability on the bus driver (Paras 5-6).
Issue of Consideration
Whether the Tribunal erred in apportioning 50% liability on the driver of the luxury bus when the accident occurred due to a stationary truck parked unattended without signals on a service road at night.
Final Decision
The appeals are allowed. The common judgment and award dated 23.11.2021 passed by the Motor Accident Claims Tribunal, Rajkot, is modified to the extent that the driver of the truck is held solely negligent for the accident. The insurance company of the truck (United India Insurance Co. Ltd.) shall pay the entire compensation amount. The insurance company of the bus (The New India Assurance Co. Ltd.) is exonerated from liability.
Law Points
- Contributory negligence
- Apportionment of liability
- Negligence of parked vehicle
- Duty of care
- Section 173 Motor Vehicles Act
- 1988
