Motor Accident | In Head-On Collision, Can't Blame One Driver Alone Without Careful Scrutiny Of Circumstances : Supreme Court

The Supreme Court recently observed that in cases of head-on collisions, courts cannot attribute the entire blame to one driver without undertaking a careful and comprehensive scrutiny of the conduct of all parties and the surrounding circumstances.A bench of Justice Vikram Nath, Justice Sandeep Mehta and Justice Vijay Bishnoi set aside concurrent findings of the Motor Accident Claims Tribunal and the Punjab and Haryana High Court which had held the deceased car driver solely responsible for a fatal accident involving a Haryana Roadways bus. The Court remanded the matter to the Tribunal for fresh adjudication after finding that key issues relating to contributory negligence and the validity of the bus driver's licence had not been properly examined.The bench recorded its perplexity at the findings of the MACT and the High Court that the entire blame for the accident rested solely upon the deceased, without attributing any degree of contributory negligence to the bus driver."The complete exclusion of contributory negligence on the part of one driver, especially in a head-on collision, ordinarily warrants a careful scrutiny of the surrounding circumstances, including the manner of driving, the point of impact, and other attendant factors. The impugned findings, however, do not reflect such an exercise having been undertaken."The approach adopted by the courts below, in attributing the entirety of blame to one party without adequately examining the role and conduct of the other, does not align with the settled principles governing adjudication of negligence in motor accident cases. The absence of a reasoned and comparative analysis of the respective actions of both drivers renders the conclusions susceptible to doubt and necessitates a closer re-examination of the matter."The case pertained to a collision between a truck, driven by respondent No.1, and a car, in which one Hari Om and one Sher Singh were travelling. The accident resulted in the death of both Hari Om and Sher Singh. Three separate claim petitions were filed before the MACT (i) first, by the legal heirs of Hari Om seeking death compensation of Rs.50 lakhs, (ii) second, by the legal heirs of Sher Singh seeking death compensation of Rs.50 lakhs and (iii) third, by Hari Om's father seeking compensation for damage to the car involved in the accident.The MACT dismissed all three petitions, holding that the accident and resulting fatalities were on account of negligence and lack of due care by Hari Om, and not due to any rash or negligent act on the part of respondent No.1.In appeal, the P&H High Court affirmed the Tribunal's award. Aggrieved, the petitioners approached the Supreme Court.On going through the material, the top Court observed that the High Court and MACT failed to carry out a careful scrutiny of the conduct of all parties involved in the accident. Respondent No.1 was completely absolved, without his having entered the witness box.The court also found fault with the fact that the MACT framed an issue as to whether respondent No.1 possessed a valid and effective driving license at the time of the accident, but did not return a categorical finding on the same. For context, a determination of the issue on merits was deemed unwarranted by the MACT in view of a finding that respondent No.1 was not responsible for the accident."The failure of the Tribunal to return any finding on the said issue, merely on the premise that the driver of the bus, i.e., respondent No. 1-Rajender, was not found responsible for the accident results in an incomplete adjudication of the dispute. The question as to whether the driver possessed a valid and effective driving licence is not only relevant for determining the inter se liability between the insurer and the insured but also has a material bearing on the overall adjudicatory exercise...Such non-adjudication undermines the completeness and legality of the findings recorded by the Tribunal."The Supreme Court further observed that even the High Court did not independently examine such a germane issue. The issue, it said, assumed greater significance as according to the petitioners, respondent No.1 was undergoing training at the relevant time under a senior driver."In such a factual backdrop, the question relating to the competence, authorisation, and validity of the driving licence of respondent No. 1-Rajender, as well as his independent capacity to operate the vehicle, was not merely ancillary but went to the root of the matter", the Court stated.Ultimately, the impugned judgments were set aside and the matter remanded back to the Tribunal for re-consideration.HeadnoteMotor Vehicles Act, 1988 – Section 166 – Adjudication of Claims – Determination of Negligence – Head-on Collision – Contributory Negligence – The Supreme Court expressed perplexity at the findings of the Tribunal and the High Court which completely absolved the bus driver (Respondent No. 1) of even any contributory negligence, placing the entire...

Motor Accident | In Head-On Collision, Can't Blame One Driver Alone Without Careful Scrutiny Of Circumstances : Supreme Court

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Motor Accident | In Head-On Collision, Can't Blame One Driver Alone Without Careful Scrutiny Of Circumstances : Supreme Court

Debby Jain

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