VidhiSangh

Supreme Court of India · 19/09/2024

SUSHMA versus NITIN GANAPATI RANGOLE & ORS.

[2024] 9 S.C.R. 425 · 2024 INSC 706

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Summary

The Supreme Court set aside the 50% deduction for contributory negligence from motor accident compensation where a car hit a 14-wheeler truck abandoned at night in the middle of an unlit highway without parking lights or warnings, holding that the truck's driver/owner was wholly responsible and that, in any event, a driver's negligence cannot be imputed to passengers to reduce their compensation.

Issues

  1. Whether the concurrent finding that the car driver was equally negligent, applying the rule of last opportunity, was perverse so as to justify interference under Article 136.
  2. Whether the contributory negligence of a car driver can be vicariously attributed to the passengers or their legal heirs to reduce their compensation.
  3. Whether the apportionment of compensation between the mother and the widow of a deceased passenger should be altered because the widow remarried after the claim was decided.

Provisions considered

Held

Result

Main appeals allowed: no deduction for contributory negligence; claimants entitled to full compensation as assessed by the Tribunal and modified by the High Court, payable by the truck's insurer jointly and severally with its owner. Connected appeals on apportionment disposed of without disturbing the apportionment. No costs.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 425.