Summary
The Supreme Court upheld rejection of the fault-based claim against the truck driver and insurer because the following car’s driver failed to maintain a safe distance and truck negligence was not proved. It nevertheless moulded relief under the then-applicable section 140 no-fault provision, awarding Rs.50,000 for the passenger’s death with nine per cent annual interest from the claim petition until realisation. Respondents 2 and 3 were made jointly and severally liable for that limited compensation.
Issues
- Whether the evidence proved negligent truck driving or contributory fault.
- Whether no-fault compensation remained available despite failure of the section 166 claim.
Provisions considered
- Regulation 23, Rules of the Road Regulations, 1989A following driver had to maintain sufficient distance to avoid collision if the vehicle ahead slowed or stopped. On the admitted narrow-road circumstances, a gap of ten to fifteen feet was unsafe. (¶ 10)
Held
- The car driver admitted following the truck at only ten to fifteen feet. The Tribunal considered the oral and documentary evidence, including the charge-sheet, and found the car’s negligent driving caused the rear-end collision. The concurrent conclusion was a possible view warranting no interference. (¶¶ 3, 10, 11)
- There was no proved sudden braking or other fault attributable to the truck driver. In those circumstances, contributory-negligence relief against the truck could not be advanced; the car’s driver, owner and insurer had also not been impleaded. (¶¶ 11, 12)
- Failure to prove fault for section 166 did not preclude the historical section 140 no-fault remedy against the owner of an involved vehicle. That limited liability did not require rash or negligent truck driving. (¶¶ 13, 14)
- The Court moulded relief by directing respondents 2 and 3 jointly and severally to pay Rs.50,000, with nine per cent annual interest from filing of the claim petition until realisation. It did not award the full fault-based compensation sought. (¶¶ 15, 16)
Result
Appeal partly allowed only for section 140 relief: Rs.50,000 with nine per cent annual interest from the claim petition until realisation, payable jointly and severally by respondents 2 and 3. Section 166 claim remained unsuccessful. No costs.